GOVERNMENT OF MAHARASHTRA
LAW AND JUDICIARY DEPARTMENT

MAHARASHTRA  ACT NO.
XXVIII  OF 1971.

THE MAHARASHTRA SLUM AREAS
(IMPROVEMENT, CLEARANCE AND REDEVELOPMENT)
ACT, 1971.

(As modified upto the 17th June 2013)

PRINTED IN INDIA BY THE MANAGER, CENTRAL JAIL PRESS, NAGPUR AND
PUBLISHED BY THE DIRECTOR, GOVERNMENT PRINTING, STATIONERY AND
PUBLICATIONS, MAHARASHTRA STATE, MUMBAI-400 004.

J-1074

 2013

[Price—Rs. 15.00 ]

1971 : Mah. XXVIII]

(i)

THE  MAHARASHTRA  SLUM AREAS (IMPROVEMENT, CLEARANCE AND
REDEVELOPMENT)  ACT, 1971.

PREAMBLE

SECTIONS

C O N T E N T S

CHAPTER  I

PRELIMINARY

1.

Short title, extent and commencement.

2. Definitions.

3. Appointment of Competent Authorities.

CHAPTER  I-A

SLUM REHABILITATION SCHEME

3A.

3B.

Slum Rehabilitation Authority for implementing Slum Rehabilitation Scheme.

Slum Rehabilitation Scheme.

3C. Declaration of slum rehabilitation area.

3D. Application of other Chapters of this Act to Slum Rehabilitation Area with modification.

3E. Restrictions on transfer of tenements.

3F. Disqualifications for membership and removal of members.

3G. Meetings of Slum Rehabilitation Authority.

3H. Act not to be invalidated by vacancy, informality, etc.

3I. Officers and servants of Slum Rehabilitation Authority.

3J. Authentication of orders, etc., of the Slum Rehabilitation Authority.

3K.

Power of State Government to issue directions.

3L. Application of Slum Rehabilitation Authority’s assets, etc.

3M.

Fund of Slum Rehabilitation Authority.

3N. Grants, subventions, loans and advances to Slum Rehabilitation Authority.

3O.

Financial Statement and programme of work.

3P. Accounts  and Audits.

3Q. Execution of contracts, etc.

3R. Default in performance of duty.

3S. Delegation of powers of Slum Rehabilitation Authority or Chief Executive Officer.

3T.

Protection of action taken in good faith.

3U. Chairman, Members, Chief Executive Officer and Officers, etc., to be public servants.

3V.

Power to make regulations.

3W. Dissolution of Slum Rehabilitation Authority.

J-1074–1

(ii)

                Maharashtra Slum Areas (Improvement, Clearance

[1971 : Mah. XXVIII

SECTIONS.

and  Redevelopment)  Act,1971

CHAPTER  I-B

PROTECTED OCCUPIERS, THEIR RELOCATION AND REHABILITATION

3X. Definitions.

3Y.

3Z.

Issuance of photopass and maintenance of Register.

Protection, relocation and rehabilitation of protected occupiers.

3Z-1.

Powers of Competent Authority to demolish unauthorised or illegal dwelling structures.

3Z-2. Demolition of unauthorised or illegal dwelling structures and penal liability.

CHAPTER  I-C

SPECIAL PROVISIONS FOR IN SITU REHABILITATION HOUSING
SCHEMES FOR PROTECTED OCCUPIERS IN SLUM AREAS

3Z-3. Definitions.

3Z-4. Constitution of Housing Committee.

3Z-5. Development permission.

3Z-6.

Provisions of this Chapter not to apply in certain areas.

3Z-7. Control by State Government.

CHAPTER  II

SLUM AREAS

4. Declaration of slum areas.

4A. Certain slum improvement areas deemed to be slum areas.

CHAPTER  III

SLUM IMPROVEMENT

5.

Power of Competent Authority of execution of works of improvement.

5A.

Improvement works.

5B.

5C.

Power of Competent Authority to require occupiers to vacate premises.

Power of Competent Authority to require improvement of buildings unfit for human habitation
and of areas which are source of danger to public health, etc.

6. Enforcement of notice requiring execution of works of improvement.

7. Expenses of maintenance of works of improvement to be recoverable from occupier.

8. Restriction on buildings, etc., in slum areas.

9.

Power of Competent Authority to order demolition of buildings unfit for human habitation.

10.

Procedure to be followed where demolition order has been made.

10A.

Power of Competent Authority to entrust improvement and other works.

1971 : Mah. XXVIII]

    Maharashtra Slum Areas (Improvement, Clearance
and  Redevelopment)  Act,1971
CHAPTER  IV

(iii)

SLUM CLEARANCE AND REDEVELOPMENT

11.

Power to declare any slum area to be a clearance area.

12. Clearance order.

13.

Power of Competent Authority to redevelop clearance area.

CHAPTER  V

ACQUISITION OF LAND

14.

Power of State Government to acquire land.

15.

Power of Collector to require person in possession of land to surrender or deliver possession
thereof to him, etc.

16. Right to receive compensation.

17. Basis for determination of compensation.

18. Apportionment of compensation.

19.

Payment of compensation or deposit of the same in Court.

20.

Power of Competent Authority in relation to determination of compensation, etc.

21.

Payment of interest.

CHAPTER  VI

PROTECTION OF OCCUPIERS IN SLUM AREAS FROM EVICTION
AND DISTRESS WARRANTS

22.

Proceedings for eviction of occupiers or for issue of distress warrant not to be taken without
permission of Competent Authority.

23. Appeal.

23A. Recovery of rent, etc., by criminal intimidation prohibited.

24. Restoration of possession of premises vacated by tenant.

25. Rent of buildings in slum areas.

26. Chapter not to apply to eviction of tenants from certain buildings.

(iv)

                Maharashtra Slum Areas (Improvement, Clearance

[1971 : Mah. XXVIII

and  Redevelopment)  Act,1971
CHAPTER  VII

MISCELLANEOUS

27.

28.

29.

Powers of entry.

Powers of inspection.

Power to enter land adjoining land where work is in progress.

30. Breaking into building.

31. Entry to be made in day time.

32. Occupier’s or Owner’s consent ordinarily to be obtained.

33.

34.

Power of eviction to be exercised only by the Competent Authority.

Power to remove offensive or dangerous trade from slum areas.

35. Appeals.

36.

37.

Service of notice, etc.

Penalty.

38. Order of demolition of buildings in certain cases.

39.

40.

41.

Jurisdiction of Courts.

Previous sanction of Competent Authority for prosecution.

Protection of action taken in good faith.

42. Bar of jurisdiction.

43. Competent Authority, etc., to be public servants.

44. Tribunal to determine claims of Competent Authorities before they are recovered as arrears of

land revenue.

44A. Vacancy and temporary absence of President and other members of Tribunal.

45.

46.

Provisions relating to Tribunal.

Power to make rules.

47. Cesser of corresponding laws and powers conferred thereunder temporarily.

48.

[Deleted].

FIRST SCHEDULE.

SECOND SCHEDULE [Deleted].

MAHARASHTRA ACT No. XXVIII OF 1971.1

[THE MAHARASHTRA SLUM  AREAS (IMPROVEMENT, CLEARANCE
AND REDEVELOPMENT)  ACT, 1971]

(This Act received the assent of the President on the 3rd August 1971;  assent

was first published in the Maharashtra Government Gazette,
Part IV on the 11th   August 1971).

Amended by Mah. 23 of 1973 (26-4-1973).* Amended by Mah. 30 of 1986 (23-7-1986).*

Amended by Mah. 36 of 1973 (24-9-1973).*Amended by Mah. 2 of 1987 (5-2-1987).*

Amended by Mah. 46 of 1975 (18-9-1975).* Amended by Mah. 29 of 1987 (7-8-1987).*

Amended by Mah. 20 of 1976 (4-5-1976).* Amended by Mah. 4 of 1996 (24-10-1995).*‡‡

Amended by Mah. 13 of 1978 ‡§                   Amended by Mah. 6 of 1997 (24-10-1995).*§§

Amended by Mah. 23 of 1981 (18-08-1981).* Amended by Mah. 10 of  2002 (18-5-2001).*@

Amended by Mah. 28 of 1984 (29-09-1984).* Amended by Mah. 1 of  2004 (23-10-2003).*@@

  Amended by Mah. 24 of  2005 (19-5-2005).*

Amended by Mah. 11 of  2012 (19-6-2012).*

An Act to make better provision for the improvement and clearance of slum areas in
the State and their redevelopment 2[and for the protection of occupiers from eviction and
distress warrants].

WHEREAS, it is expedient to make better provision for the improvement and clearance
of slum areas in the State and 3[for their redevelopment and for the protection of occupiers
from  eviction  and  distress  warrants;]  and  for  matters  connected  with  the  purposes
aforesaid; It is hereby enacted in the Twenty-second Year of the Republic of India as
follows :—

1For  Statement  of  Objects  and  Reasons,  see  Maharashtra  Government    Gazette,  1970,  Part  V,
Extra.,  pp.  252-253;  for  Report  of  the  Joint  Committee,  see  Maharashtra  Government  Gazette,  1971,
Part  V,  Extra.  P.  429.

*This  indicates  the  date  of  commencement  of  the  Act.
‡  Maharashtra  Ordinances  No.  IV  and  V    of  1978  were    repealed  by  Mah.  13  of  1978,  s.  7  and  8,

respectively.

§This Act  came  into  force  on  the  6th  May  1978,  except  sections  4  and  8  thereof,  which  came  into

force  on  the  19th  May  1978.

Saving.

‡‡  The  Maharastra  Ordinance  No.  XIV  of  1995  was  repealed  by  Mah.  4  of  1996,  s.  4.
§§  Section  7  of  Mah.  6  of  1997  reads  as  under  :—
“7.  Anything  done  or  any  action  taken  (including  any  notification  or  order  issued)  under  the
provisions  of  the  principal  Act  after  its  amendment  by  the  Maharashtra  Slum  Areas  (Improvement,
Clearance  and  Redevelopment)  (Amendment) Act,  1995,  shall  be  deemed  to  have  been  done,  taken  or
issused,  as  the  case  may  be,  under  the  principal Act,  as  amended  by  this  Ordinance.”.

Mah.  IV  of
1996.

@  Maharashtra  Ordinance  No.  XXVII  of  2002  was  repealed  by  Mah.  10  of  2002,  s.  5.
@@  Maharashtra  Ordinance  No.  X  of  2003  was  repealed  by  Mah.  1  of  2004,  s.  4.
2  These  words  were  added  by  Mah.  13  of  1978,  s.  2.
3. These  words  were  substituted  for  the  words  “and  their  redevelopment”,  ibid.,  s.  3.

2

                Maharashtra Slum Areas (Improvement, Clearance

[1971 : Mah. XXVIII

Short  title,
extent  and
commence-
ment.

Definitions.

and Redevelopment) Act, 1971

CHAPTER  I
PRELIMINARY

1.

(1) This Act may be called the Maharashtra Slum Areas (Improvement, Clearance

and Redevelopment)  Act, 1971.

(2) It extends to the whole of  the State of Maharashtra.
(3) It shall come into force in such areas1 and on such date1 as the State Government
may by notification in the Official Gazette appoint; and different dates may be appointed
for different areas.

2. In this Act, unless the context otherwise requires,—
(a) “Administrator” means,—
(i) in Greater Bombay or any part thereof, such person not being a person below
the rank of a Divisional Commissioner as the State Government may, by notification in
the Official  Gazette, appoint, and

(ii) elsewhere the Divisional Commissioner;
2[(a-a) “Appellate Authority” means the Appellate Authority appointed by the State

Government under section 35;]

(b) “building” includes a house, out-house, stable, shed, hut and other enclosure
or structure, whether of masonry, bricks, wood, mud, metal or any other material what-
soever, whether used as human dwelling or otherwise; and also includes verandahs,
fixed platforms, plinths, door-steps, electric meters, walls including compound walls
and  fencing  and  the  like;  but  does  not  include  plant  or  machinery  comprised  in  a
building;

3[(ba) “Chief Executive Officer” means a Chief Executive Officer of the Slum Reha-

bilitation Authorty appointed under sub-section (2) of section 3A;]

1.

  (1) 3rd  day  of  September  1971  in  the  areas  within  the  limits  of  the  Municipal  Corporation  of
Greater  Bombay  and  of  the  Cities  of  Pune  and  Solapur  and  the  Corporation  of  the  City  of  Nagpur  and
the Aurangabad  Municipal  Council  (vide  G.  I.,  U.  D.,  P.  H.,  &  H.  D.,  No.  SCA.  1571/35325-F-III,  dated
3rd  September  1971).

(2) 5th  January  1984,  in  Jalna,  Latur,  Miraj,  Bhusaval,  Nandurbar,  Gondia,  Barshi,  Khamgaon  and
Bhivandi  Cities  and  in  the  areas  of  the  Municipal  Corporation,  Kalyan  (vide  G.  N.,  H.  &  S. A.  D.,    No.
SCS.  1076/4528/  C.  R.-355-AD.  VII,  dated  the  30th  November  1983  published  in  M.  G.  G.,  Part  IV-B,
5th  January  1984,  P.  5).

(3) 5th  January  1984,  in  Amalner,  Chandrapur,  Wardha,  Kamtee,  Satara  and  Pandharpur  Cities
(vide  G.  N.,  H.  &  S.A.D.,    No.  SCS.  1076/4528/  C.  R.-355-AD.  VII,  dated  the  30th  November  1983
published  in  M.  G.  G.,  Part  IV-B,  5th  January  1984,  P.  5).

(4) 28th  September  1983,  in Achalpur  Municipal  Council  areas  (vide  G.  N.,  H.  &  S.A.D.,    No.  SCS.
1076/4528/  C.  R.-355-AD.  VII,  dated  the  28th  September  1983  published  in  M.  G.  G.,  Part  I-A,  A-
M.D.S.,p.  433).

(5) 4th  March  1996,  in  Navi  Mumbai  Corporation Areas  and  Mirabhayandar,  Virar,  Nala-Sopara,
Parli  Vaijnath,  Ratnagari,  Pusad,  Hingoli,  Buldhana,  Malkapur,  Osmanabad,  Panvel, Ambejogai  Munici-
pal  Council  area  (vide  G.  N.,  H.  &  S.A.D.,    No.  SCS.  1093/3209/  SLUM.-1,  dated  the  4th  March  1996
published  in  M.G.G.,  Part  IV-B,  4th  March  1996,    P.  504).

(6) 18th  September  1997,  in  Kulgaon-Badlapur  Municipal  Council  area  (vide  G.  N.,  H.  &  S.A.D.,
No.  GAVASU.  1095/3872/SLUM.-1,  dated the 30th August 1997 published in M. G. G., Part IV-B, 18th
September  1997,  P.  1035).

(7) 21st  October  2004,  in  Khopoli,  Palghar,  Navghar-Manikpur,  Lonawala,  Baramati,  Islampur,
Phaltan, Kopargaon, Sangamner, Shirpur-Warwade, Chopada, Basmat, Anjangaon-Surji, Shegaon, Karanja,
Vani,  Bhadravati,  Washim,  and Ambernath  cities  (vide  G.  N.,  H.  D.,  No.    Gavasu.  2004/C.R.  66/Zopasu-
1A,  dated  the  21st  October  2004,  published  in  M.  G.  G.,  Part-IV-B,  dated  4th  November  2004,  p.  351).
(8) 1st  June  2006,  in  Ichalkaranji  Municipal  Council  area  (vide  G.  N.,  H.  &  S.A.D.,    No.  ZOPUYO-
2006/C.  R.-90/Zopasu-1,  dated  the  18th  May  2006  published  in  M.G.G.,  Part  IV-B,  1st  June  2006,  P.
246).
2  Clause  (a-a)  was  inserted  by  Mah.  11  of  2012,  s.  2  (1).
3  Clause  (ba)  was  inserted  by  Mah.  6  of  1997,  s.  2.

1971 : Mah. XXVIII]

Maharashtra Slum Areas (Improvement, Clearance
and Redevelopment) Act, 1971
1[(b-1) “Collector  “  means  the  Collector  of  a  district  and  includes  an  Additional
Collector  or  any  officer  specially  appointed  by  the  State  Government  to  perform  the
functions  of    a  Collector  under  this Act;]

(c) “Competent Authority”  means    a  person  or  body  appointed  to  be  the  Competent

3

Authority  under  section  3;

2[(c-a)  “Developer”  means  a  Developer  registered  under  section  3B;
(c-b)  “eligible  sulm  dweller”  means  a  slum  dweller  who  fulfills  such  criteria  of
eligibility  as  may  be  prescribed,  from  time  to  time,  and  is  declared  so  eligible  by  the
Competent  Authority;

(c-c)  “Grievance  Redressal  Committee”  means  the  Grievance  Redressal  Committee

constituted  under  section  35;]

(d) “land”  includes  building  and  also  benifits  to  arise  out  of  land,  things  attached  to

the  earth  or  permanently  fastened  to  anything  attached  to  the  earth;

(e) “occupier”  includes,—

(i) any  person  who  for  the  time  being  is  paying  or  is  liable  to  pay  to  the  owner  the
rent  or  any  portion  of  the  rent  of  the  land  or  building  in  respect  of  which  such  rent  is
paid  or  is  payable;

(ii) an  owner  in  occupation  of,  or  otherwise  using,  his  land  or  building;
(iii) a  rent-free  tenant  of  any  land  or  building;
(iv) a  licensee  in  occupation  of  any  land  or  building;  and
(v) any  person  who  is  liable  to  pay  to  the  owner  damages  for  the  use  and  occupa-

tion  of  any  land  or  building;

(f) “owner”,  when  used  with  reference  to  any  building  or  land,  means  the  person
who  receives  or  is  entitled  to  receive  the  rent  of  the  building  or  land,  if  the  building  or
land  were  let,  and  includes,—

(i) an  agent  or  trustee  who  receives  such  rent  on  account  of  the  owner;
(ii) an  agent  or  trustee  who  receives  the  rent  of,  or  is  entrusted  with,  or

concerned  for,  any  building  or  land  devoted  to  religious  or  charitable  purpose;

(iii) a  receiver,  sequestrator  or  manager  appointed  by  a  court  of  competent
jurisdiction  to  have  the  charge  of  or  to  exercise  the  rights  of  owner  of  the  said
building  or  land;  and

(iv) a  mortgagee-in-possession;
3[but  does  not  include,  a  slumlord;]

(g) “prescribed”  means  prescribed  by  rules  made  under  this Act;

4[(ga) “slum  area”  means  any  area  declared  as  such  by  the  Competent  Authority
under  sub-section  (1) of  section  4  5[and  includes  any  area  deemed  to  be  a  slum  area
under  section  4A;]

(h) “slum  clearance”  means  the  clearance  of  any  slum  area  by  the  demolition  and

removal  of  building  therefrom;

6[(h-a) “slumlord”  means  a  person  who  illegally  takes  possession  of  any  lands
(whether  belonging  to  Government,  local  authority  or  any  other  person)  or  enters  into  or
creates  illegal  tenancies  or  leave  and  licence  agreements  or  any  other  agreements  in
respect  of  such  lands,  or  who  constructs  unauthorised  structures  thereon  for  sale  or
hire,  or  gives  such  lands  to  any  persons  on  rental  or  leave  and  licence  basis  for
construction,  or  use  and  occupation,  of  unauthorised  structures,  or  who  knowingly
gives  financial  aid  to  any  persons  for  taking  illegal  possession  of  such  lands,  or  for
construction  of  unauthorised  structures  thereon,  or  who  collects  or  attempts  to  collect
from  any  occupiers  of  such  lands  rent,  compensation  or  other  charges  by  criminal
intimidation,  or  who  evicts  or  attempts  to  evict  any  such  occupiers  by  force  without
resorting  to  the  lawful    procedure,  or  who  abets  in  any  manner  the  doing  of  any  of  the
abovementioned  things;]

1 This  clause  was  inserted  by  Mah.  28  of  1984,  s.  2.
2 Clauses  (c-a),  (c-b)  and  (c-c)  were  inserted  by  Mah.  11  of  2012,  s.  2  (2).
3 These  words  were  added  by  Mah.  30  of  1986,  s.  2  (a).
4 Clause  (ga)  was  inserted  by  Mah.  23  of  1973,  s.  102,  Sch.  II.
5 This  portion  was  inserted  by  Mah.  20  of  1976,  s.  2.
6 Clause  (h-a)  was  inserted  by  Mah.  30  of  1986,  s.  2  (b).

4

                Maharashtra Slum Areas (Improvement, Clearance

[1971 : Mah. XXVIII

and Redevelopment) Act, 1971

1[(h-b) “Slum  Rehabilitation Area”  means  a  slum  rehabilitation  area,  declared  as  such
under  sub-section  (1) of  section  3C  by  the  Competent  Authority  in  pursuance  of  the
Slum  Rehabilitation  Scheme  notified  under  section  3B;

(h-c) “Slum  Rehabilitation  Authority”  means  the  Slum  Rehabilitation Authority  or

Authorities  appointed  by  the  State  Government  under  section  3A;

(h-d) “Slum  Rehabilitation  Scheme”  means  the  Slum  Rehabilitation  Scheme  notified

under  section  3B;]

2[(h-e)  “Slum  Rehabilitation  Work”  means  the  work  relating  to  demolition  of    any
structure  or  any  part  thereof  in  slum  area  or  Slum  Rehabilitation Area,  and  construction  of
a  new  building  thereon;]

3[(i) 4[“Tribunal” or “ Special Tribunal” means a Tribunal or Special Tribunal] which

the State Government is hereby empowered to constitute consisting of,—

(a) the President, being a person who,—
(i) is or has been a District Judge or has practised as a Pleader or Advocate or both
for not less than eight years and is holding or has held the post not below the rank of
the Joint Secretary in the Law and Judiciary Department; or

(ii) is holding or has held any judicial office for  not less than 5[eight years]; or
(iii) is practising or has practised as an Advocate for not less than eight years; and
(b) two members,—
(i) one of whom shall be a person who is holding or has held the post not below  the

rank of the Deputy Director of Town Planning; and

(ii) the other shall be a person who is holding or has held the post not below the

rank of the Superintending Engineer to Government;]

(j) “works of improvement” includes in relation to any building in a slum area the

execution of any one or more of the following works, namely :—

(i) repairs which are necessary;
(ii) structural  alterations;
(iii) provision of light points, water taps and bathing places;
(iv) construction of drains, open or covered;
(v) provision for latrines, including conversion of dry latrines into flush laterines;
(vi) provision of additional or improved fixtures or fittings;
(vii) opening up or paying of courtyards;
(viii) construction  of  passages  or  roads;
(ix) any other work including the demolition of any building or any part thereof
which in the opinion of the Competent Authority is necessary for executing any of the
works specified above.

3. (1) The State Government may, by notification in the Official Gazette, appoint
any person to be the Competent Authority for the purposes of this Act, for such area as
may be specified in the notification.

(2) Where any body corporate (including a local authority) is appointed to be the
Competent Authority,  then  the  powers  and  functions  of  the  Competent Authority
under    this Act  shall,  subject  to  such  restrictions  and  conditions  as  the  Competent
Authority may impose in this behalf, be exercised and performed on behalf of such
body  corporate  6[by  such  officer  of  the  concerned  Competent Authority,  as  such
Authority, by gerneral or special order issued in this behalf appoints.]

7*

*

 *

 *

 *

 *

 *

1 Clauses  (h-b),  (h-c)  and  (h-d)  were  inserted  by  Mah.  4  of  1996,  s.  2(a).
2 Clause  (h-e)  was  inserted  by  Mah.  11  of  2012,  s.  2  (3).
3  Clause  (i) was  substituted  by  Mah.  29  of  1987,  s.  2.
4  These  words  were  substituted  for  the  words  “Tribunal”  means  a  Tribunal”  by  Mah.  4  of  1996,

s.  2  (b).

5  These  words  were  substituted  for  the  words  “ten  years”  by  Mah.  24  of  2005,  s.  2.
6  This  portion  was  added  by  Mah.  10  of  2002,  s.  2  (a).
7  Clauses  (a),  (b),  (c)  and  (d)  were  deleted,  ibid.,  s.  2  (b).

Appoint-
ment  of
Competent
Authori-
ties.

1971 : Mah. XXVIII]

Maharashtra Slum Areas (Improvement, Clearance
and Redevelopment) Act, 1971

5

1[CHAPTER  I-A
SLUM REHABILITATION SCHEME

3A.

(1) Notwithstanding anything contained in the foregoing provision, the State
Government may, by notification in the Official Gazette, appoint an authority to be called
the  Slum  Rehabilitation Authority  for  such  area  or  areas  as  may  be  specified  in  the
notification; and different authorities may be appointed for different areas.

(2) Every Slum Rehabilitation Authority shall consist of a Chairman, a Chief Execu-
tive Officer and fourteen other members, all of whom shall be appointed by the State
Government.
2[(2A) Every Slum Rehabilitation Authority appointed under sub-section (1) shall be
a body corporate by the name of “The  ........... Slum Rehabilitation Authority” and shall
have perpetual succession and common seal; with power to contract, acquire, hold and
dispose of property, both moveable and immoveable, and to do all things necessary for
the purposes of this Act, and may sue and be sued by its corporate name.]

3[(3) The  powers,  duties  and  functions  of  the  Slum  Rehabilitation Authority  shall

Slum
Rehabilita-
tion
Authority
for
implement-
ing Slum
Rehabilita-
tion
Scheme.

be,—

(a) to survey and review existing position regarding slum areas;
(b) to formulate schemes for rehabilitation of slum areas;
(c) to get the Slum Rehabilitation Scheme implemented;
(d) to  do  all  such  other  acts  and  things  as  may  be  necessary  for  achieving  the

objects of rehabilitation of slums.]

(4) The terms and conditions of appointment of the non-official members of the Slum

Rehabilitation Authority shall be such as may be specified by the State Government.

(5) The  Slum  Rehabilitation Authority  may  appoint  Committees  consisting  of  its
members and experts to facilitate its working and speedy implementation of the scheme
prepared under section 3B.

3B. (1) The State Government, or the Slum Rehabilitation Authority concerned with
the previous sanction of the State Government, shall, prepare a general Slum Rehabilita-
tion Scheme for the areas specified under sub-section (1) of section 3A, for Rehabilitation
of slums and hutment colonies in such areas.

Slum
Rehabilita-
tion
Schemes.

(2) The General Slum Rehabilitation Scheme prepared under sub-section (1) shall be
published  in  the  Official  Gazette,  by  the  State  Government  or  the  concerned  Slum
Rehabilitation Authority, as the case may be, as the Provisional Slum Rehabilitation Scheme
for the area specified under section 3A (1), for the information of general public, inviting
objections  and  suggestions,  giving  reasonable  period  of  not  less  than  thirty-days  for
submission of objections and suggestions, if any, in respect of the said Scheme.

(3) The Chief Executive Officer of the Slum Rehabilitation Authority shall, consider
the objections and suggestions, if any, received within the  specified period in respect of
the said Provisional Scheme and after considering the same, and after carrying out such
modifications  as  deemed  fit  or  necessary,  finally  publish  the  said  scheme,  with  the
approval  of  the  State  Government  or,  as  the  case  may  be,  the  Slum  Rehabilitation
Authority in the Official Gazette, as the Slum Rehabilitation Scheme.

1    Chapter  1-A  was  inserted  by  Mah.  4  of  1996,  s.  3.
2    Sub-section  (2A)  was  inserted  by  Mah.  6  of  1997,  s.  3  (a).
3    Sub-section  (3)  was  substituted,  ibid.,  s.  3  (b).

J-1074–2

6

                Maharashtra Slum Areas (Improvement, Clearance

[1971 : Mah. XXVIII

and Redevelopment) Act, 1971

(4) The Slum  Rehabilitation Scheme so notified under sub-section (3) shall, generally
lay down the paramaters for declaration of any area as the slum rehabilitation area and
indicate the manner in which rehabilitation of the area declared as the slum rehabilitation
area shall  be carried out. In particular, it shall provide for all or any of the following
matters, that is to say,—

(a) the parameters or guidelines for declaration of an area as the slum rehabilitation

area;

(b) basic and essential parameters of development of slum rehabilitation area un-

der the Slum Rehabilitation Scheme;

(c) provision for obligatory participation of the landholders and occupants of the
area declared as the slum rehabilitation area under the Slum Rehabilitation Scheme in
the implementation of the Scheme;

(d) provision relating to transit accommodation pending development of the slum
rehabilitation area and allotment of tenements on development to the occupants of
such area, free of cost;

(e) scheme  for  development  of  the  slum  rehabilitation  areas  under  the  Slum
Rehabilitation Scheme by the landholders and occupants by themselves or through a
developer  and  the  terms  and  conditions  of  such  development;  and  the  option
available  to the Slum Rehabilitation Authority for taking up such development in the
event of non-participation of the landholders or occupants;

(f) provision regarding sanction of Floor Space Index and transfer of development
rights,  if  any,  to  be  made  available  to  the  developer    for  development  of  the  slum
rehabilitation area under the Slum Rehabilitation Scheme;

(g) provision regarding non-transferable nature of tenements for a certain period,

etc.
1[(5) For the purposes of this Chapter, the State Government may register any person
or an association of persons, or a partnership firm registered under the Partnership Act,
1932 or a company registered under the Companies Act, 1956, as a Developer in the
prescribed manner.]

3C. (1) As soon as may be after the publication of the Slum Rehabilitation Scheme,
2[the Chief Executive Officer] on being satisfied that circumstances in respect of any area,
justifying its declaration as slum rehabilitation area under the said scheme, may by an
order published in the Official Gazette, declare such area to be a “slum rehabilitation
area”. The order declaring slum rehabilitation area (hereinafter referred to as “the slum
rehabilitation order”), shall also be given wide publicity in such manner as may be speci-
fied by 3[the Slum Rehabilitation Authority].

(2) Any person aggrieved by the slum rehabilitation order may, within four weeks of
the publication of such order  prefer an appeal to the Special Tribunal; and the decision of
the Special Tribunal shall be final.

4[(3) On the completion of the Slum Rehabilitation Scheme, the Slum Rehabilitation

Area shall cease to be such area.]

3D. On  publication  of  the  Slum  Rehabilitation  Scheme  under  sub-section  (1)  of
section 3B, the provisions of other Chapters of this Act shall apply to any area declared as
the slum rehabilitation area, subject to the following modifications, namely :—

(a) Chapters II and III shall be omitted;
(b) in Chapter IV,—

(i) section 11 shall be omitted;

1 Sub-section  (5)  was  added  by  Mah.  11  of  2012,  s.  3.
2  These  words  were  substituted  for  the  words  “the  Competent Authority”  by  Mah.  6  of  1997.  s.4  (a).
3  These  words  were  substituted  for  the  words  “the  State  Government”,  ibid.,  s.  4  (b).
4  Sub-section  (3)  was  added  by  Mah.  11  of  2012,  s.  4.

IX  of
1932.
1  of
1956.

Declaration
of  a  slum
rehabilita-
tion  area.

Application
of  other
Chapters  of
this  Act  to
Slum
Rehabilita-
tion  Area
with
modifica-
tion.

1971 : Mah. XXVIII]

Maharashtra Slum Areas (Improvement, Clearance
and Redevelopment) Act, 1971

7

(ii) in section 12,—
(A) for sub-section (1), the following sub-section shall be substituted, namely :—
“(1) As soon as may be, after the 1[Chief Executive Officer] has declared any slum
area to be a slum rehabilitation area, 2[he] shall make a clearance order in relation to that
area, ordering the demolition of each of the buildings specified therein, and requiring
each such building to be vacated within such time as may be specified  in the clearance
order.”;

(B) sub-sections (2) and (3) shall be omitted;
(C) for sub-section (4), the following sub-section shall be substituted, namely :—
“(4) Any person aggrieved by the clearance order may, within four weeks of the
publications of such order prefer an appeal to the Special Tribunal; and the decision of
the Special Tribuanal shall be final.”;

(D) in sub-section (5), for the word “Tribunal”, in both the places where it occurs,

the words “Special Tribunal” shall be substituted;

3[(E) in sub-section (7), for the words “Competent Authority” the words “Chief

Executive Officer” shall be substituted;

(F) in  sub-section  (8), for  the  words  “Competent Authority”  the  words  “Chief

Executive Officer” shall be substituted;

(G) in  sub-section  (9), for  the  words  “Competent Authority”,  wherever  they

occur, the words “Cheif Executive Officer” shall be substituted.

(H) in  sub-section  (10),—

(a) for the words “Competent Authority” the words “Slum Rehabilitation Authority”

shall be substituted;

(b) in the proviso,—
(i) for the words “Competent Authority” the words “Cheif Executive Officer” shall be

substituted;

(ii) for the word “Tribunal” the words “Special Tribunal” shall be substituted;]
4[(iii) for section 13, the following section shall be substituted, namely :—

 “13. (1) Notwithstanding anything contained in sub-section (10) of section 12,
the Slum Rehabilitation Authority may, after any area is declared as the Slum Rehabili-
tation Area, if the landholders or occupants of such area do not come forward within a
reasonable time, with a scheme for re-development of such land, by order, determine to
redevelop such land by entrusting it to any agency for the purpose.

Power  of  Slum
Rehabilitation
Authority  to
develop  Slum
Rehabilitation
Area.

(2) Where on declaration of any area as a Slum Rehabilitation Area the Slum Reha-
bilitation Authority, is satisfied that the land in the Slum Rehabilitation Area has been
or is being developed by the owner in contravention of the plans duly approved, or
any restrictions or conditions imposed under sub-section (10) of section 12, or has not
been developed within the time, if any, specified under such conditions, it may, by
order, determine to develop the land by entrusting it to any agency recognised by it for
the purpose :

1  These  words  were  substituted  for  the  words  “Competent Authority”  by  Mah.  6  of  1997,  s.  5  (a)

(i)(A)  (1).

2  This  word  was  substituted  for  the  word  “it”,  ibid.,  s.  5  (a)  (i)  (A)  (2).
3  These  paragraphs  were  substituted  for  paragraph  (E),  ibid.,  s.  5  (a)(i)(B).
4  Sub-clause  (iii)  was  substituted,  ibid.,  s.  5  (a)  (ii).

8

                Maharashtra Slum Areas (Improvement, Clearance

[1971 : Mah. XXVIII

and Redevelopment) Act, 1971

Provided that, before passing such order, the owner shall be given a reasonable

opportunity of showing cause why such order should not be passsed”];

(c) in Chapter V,—

(i) in section 14, in sub-section (1),—

1[(A) for the portion beginning with the words “Where on any representation” and
ending with the words “clearance area”, the following portion shall be substituted,
namely :—

“Where on any representation from the Chief Executive Officer it appears to the
State Government that, in order to enable the Slum Rehabilitation Authority to carry
out development under the Slum Rehabilitation Scheme in any Slum Rehabilitation
Area”];

(B) after the proviso, the following proviso shall be added, namely :—

“Provided further that, the State Government may delegate its powers under this

sub-section to any officer not below the rank of Commissioner.”;

2[(ii) in section 15,—

(A) for sub-section (3), the following sub-section shall be substituted, namely :—

“(3) Where the land has been acquired for the Slum Rehabilitation Authority,
the State Government shall, after it has taken possession thereof, by notification in
the Official Gazette, upon such conditions as may be agreed upon between Govern-
ment and Slum Rehabilitation Authority, transfer the land to the Slum Rehabilitation
Authority and thereupon the Slum Rehabilitation Authority may entrust, in accor-
dance with the provisions of section 3B(4), the work of development of such area to
any other agency as provided  in sub-section (1) of section 13, or to a Co-operative
Housing Society of the occupants of such rehabilitation area or occupants of any
other area which has been declared as Slum Rehabilitation Area.”;

(B) for  sub-section  (4),  the  following  sub-section  shall  be  substituted,

namely :—

“(4) The Slum Rehabilitation Authority may, subject to such terms and condi-
tions as the State Government considers  expedient for securing the purposes of
this Act, transfer by way of lease such land to the Co-operative Housing Societies
of  such  occupants.”;]

3[(iii) in section 17,—

(A) for the words “Competent Authority”, wherever they occur, the words “Chief

Executive Officer” shall be substituted;

(B) for  the  word  “Tribunal”,  in  both  the  places  where  it  occurs,  the  words

“Special Tribunal” shall be substituted;]

4[(iv) in section 18,—

(A) for the words “Competent Authority”, wherever they occur, the words “Chief

Executive Officer” shall be substituted;

1 Paragraph  (A)  was  substituted  by  Mah.  6  of  1997,  s.  5  (b)  (i).
2 Sub-clause  (ii)  was  substituted,  ibid.,  s.  5  (b)  (ii).
3  This  sub-clause  was  substituted,  ibid.,  s.  5  (b)  (iii).
4 This  sub-clause  was    substituted,  ibid.,  s.  5  (b)  (iv).

1971 : Mah. XXVIII]

Maharashtra Slum Areas (Improvement, Clearance
and Redevelopment) Act, 1971

 9

(B) for the word “Tribunal”, wherever it occurs, the words “Special Tribunal”

Allotment
of    tene-
ments  to
occupants.

shall be substituted];

1[(v) in  section  19,  for  the  words  “Competent Authority”,  at  both  the  places

where they occur, the words “Chif Executive Officer” shall be substituted;

(vi) in section 20, including in the marginal note, for the words “Competent
Authority”,  wherever  they  occur,  the  words  “Chief  Executive  Officer”  shall  be
substituted;

(vii) in section 21, for the words “Competent Authority”, the words “Chief Ex-

ecutive Officer” shall be substituted;]

(d) in Chapter VI,—
(i) sections  22,  23,  23A  and  26  shall  mutatis  mutandis  apply  to  the  slum

rehabilitation area;

(ii) for  sections  24  and  25,  the  following  section  shall  be  substituted,

namely :—

“24. (1) Where  an  occupant  of  any  premises  in  an  area  declared  as  a  slum
rehabilitation area has vacated or is evicted from, such premises, on the ground
that,  the  premises  are  required  for  the  purpose  of  development  under  the  Slum
Rehabilitation Scheme, such occupant may, within such time as may be prescribed,
sign  a  declaration  with  the  Slum  Rehabilitation Authority  that  he  desired  to  be
rehabilitated in that area after its redevelopment under the said Scheme.

(2) On the receipt of such declaration, the Slum Rehabilitation Authority shall
register his declaration in the prescribed manner and on completion of the develop-
ment  of  the  area  and  reconstruction  of  the  buildings  in  the  said  area  under  the
Scheme, give notice to the registered occupants by affixing it in some conspicuous
part of the building and sending it by post to the address which may have been
registered with the Slum Rehabilitation Authority by such occupants and in such
other manner as may by determined by the Slum Rehabilitation Authority, that the
building is likely to be or is ready for occupation from a specified date, and that they
should vacant transit accommodation, if any, given to them and occupy the building
so erected within a period specified in the notice.”;

(e) in Chapter VII,—
2*

*

*

*

*

*

(i) in section 28, for the words “slum area” the words “slum rehabilitation

area” shall be substituted;

(ii) in section 34, for the words “slum area”, in both the places where they

occur, the words “slum rehabilitation area” shall be substituted;

3*

*

*

*

*

*

(iv) in section 37, for the words “ clearance area” the words “slum rehabilita-

tion area” shall be substituted;
(v) in section 38, in sub-section (1),—
(i) the words and figure “of the provisions of section 8 or” shall be deleted;
(ii) for the words “clearance area” the words “slum rehabilitation area” shall be

substituted;

1  Sub-clauses  (v),  (vi)  and  (vii)  were  inserted  by  Mah.  6  of  1997,  s.  5  (b)  (v).
2 Sub-clause  (i-a)  was  deleted  by  Mah.  11  of  2012,  s.  5  (1).
3 Sub-clause  (iii)  was  deleted,  ibid.,  s.  5  (2).

10

                Maharashtra Slum Areas (Improvement, Clearance

[1971 : Mah. XXVIII

and Redevelopment) Act, 1971

(vi) in section 41, after the words “Competent Authority” the words  “Slum Reha-

bilitation Authority” shall be inserted;

(vii) in section 42,—
1[(A) after the words “in respect of any matter which ” the words “ the Slum

Rehabilitation Authority,” shall be inserted;]

(B) for the word “Tribunal” the words “Special Tribunal” shall be substituted;
(viii) in  section  43,  after  the  words  “Competent Authority”  the  words,  “Slum

Rehabilitation Authority” shall be inserted;

(ix) in section 44, for the word “Tribunal”, wherever it occurs, the words “Special

Tribunal” shall be substituted;

(x) in section 44A,—

(A) in  sub-section  (2),  for  the  word  “Tribunal”,  wherever  it  occurs,  the  words

“Special Tribunal” shall be substituted;

(B) in the marginal note, for the word “Tribunal” the words “Special Tribunal” shall

be  substituted;

(xi) throughout  section  45,  including  in  the  marginal  note,  for  the  words  “the
Tribunal”,  wherever  they  occur,  the  words  “the  Special  Tribunal”  shall  be
substituted;

(xii) for section 47, the following section shall be substituted, namely :—

“47. Where any area is declared to be a slum rehabilitation area then as from the date
of such declaration, the provisions of any municipal law or other law, corresponding to
the provisions of this Chapter, for slum development in relation to such slum rehabilita-
tion area, in force immediately before the said date shall, save as otherwise provided in
this Chapter, cease to be in force in such slum rehabilitation area, but so long only as the
said declaration remains in force”.

3E. 2[(1)] The tenements allotted to the persons under the Slum Rehabilitation Scheme
shall not be transferred by the allottee thereof by way of sale, gift, exchange, lease or
otherwise for a period of first ten years commencing from the date of allotment of the
tenement. After the expiry of the said period of ten years, the allottee may, with the
permission of the Slum Rehabilitation Authority, transfer such tenement in accordance
with the prescribed procedure.]

2[(2) If the tenement is transferred by the allottee in contravention of the provisions
of sub-section (1), the Competent Authority shall, by order, direct the eviction of the
person in possession of such tenement in such manner and within such time as may be
specified in the order, and for the purpose of eviction, the Competent Authority may use
or cause to be used such force as may be necessary :

Provided that, before issuing any order under this sub-section, the Competent Au-
thority shall give a reasonable opportunity to such person to show cause why he should
not be evicted therefrom.]

3[3F. (1) A person shall be disqualified for being nominated as a non-official member

or continue to be such member, if he,—

(a) is an employee of the Slum Rehabilitation Authority except the Chief Execu-

tive Officer :

(b) is of unsound mind and stands so declared by a competent Court;
(c) is  an  undischarged  insolvent;
(d) is convicted for an offence involving moral turpitude;
(e) has,  directly  or  indirectly  by  himself  or  by  any  partner,  employer  or
employee, any share or interest, whether pecuniary or of any other nature, in any
contract  or  employment  with,  by  or  on  behalf  of,  the  Slum  Rehabilitation
Authority; or
1 Paregraph  (A)  was  substituted  by  Mah.  11  of  2012,  s.  5  (3).
2 Section  3E  was  renumbered  as  sub-section  (1)  thereof    and  after  sub-section  (1)  as  so

renumbered,  sub-section  (2)  was  added,  ibid,  s.  6.

3  Sections  3F  to  3W  were  inserted  with  effect  from  24-10-1995  by  Mah.  6  of  1997,  s.  6.

Cesser  of
correspond-
ing laws.

Restric-
tions  on
transfer  of
tenements.

Disqualifi-
cation  for
member-
ship  and
removal  of
members.

1971 : Mah. XXVIII]

Maharashtra Slum Areas (Improvement, Clearance
and Redevelopment) Act, 1971

11

(f) is a Director, Secretary, Manager or other Officer of any company, which has
any share or interest in any contract or employment with, by or on behalf of, the
Slum Rehabilitation Authority :
Provided that, a person shall not be disqualified under clause (e) or clause (f) by
reason only of his or the company of which he is a Director, Secretary, Manager or
other Officer, having a share or interest in,—

(i) any sale, purchase, lease or exchange of immoveable property or any agree-

ment for the same;

(ii) any agreement for loan of money or any security for payment of money

only;

(iii) any newspaper in which any advertisement relating to the affairs of the

Slum Rehabilitation Authority is published.
(2) The Government may remove from the Slum Rehabilitation Authority any non-

official member nominated by the Government, who in its opinion,—

(a) has been disqualified under sub-section (1);
(b) refuses  to  act;
(c) has so abused his position as a member as to render his continuance on the

Slum Rehabilitation Authority detrimental to the interest of the public; or

(d) is otherwise unsuitable to continue as member.

(3) No  order  of  removal  under  sub-section  (2) shall  be  made  unless  the  non-
official member has been given an opportunity to submit his explanation to the Govern-
ment and when such order is passed the office of the members so removed shall be
deemed to be vacant.

(4) A member who has been so removed under sub-section (3) shall not be eligible
for  reappointment  as  member  or  in  any  other  capacity  on  the  Slum  Rehabilitation
Authoriity.

3G. (1) The Slum Rehabilitation Authority shall meet at such intervals, times and
places as the Chairman may decide and shall, subject to the provisions  of sub-section
(2),  observe  such  rules  of  procedure  in  regard  to  the  transaction  of  business  at  its
meetings (including the quorum thereof)  as may be laid down by regulations.

Meetings  of
Slum
Rehabiltation
Authority.

(2) A member, who is directly or indirectly concerned or interested in any contract,
loan, arrangement or proposal entered into or proposed to be entered into, by or on
behalf of the Slum Rehabilitation Authority shall, at the earliest possible opportunity,
disclose the nature of his interest to the Slum Rehabilitation Authority when any such
contract, loan, arrangement or proposal is discussed, unless his presence is required
by the other members for the purpose of eliciting information, but no members so
required  to  be  present  shall  vote  on  any  such  contract,  loan,  arrangement  or
proposal :

Provided  that,  a  member  shall  not  be  deemed  to  be  concerned  or  interested  as
aforesaid by reason only of his being a shareholder of a company concerned in any
such contract, loan, arrangement or proposal.

3H.  No act done or proceedings taken under this Act by the Slum Rehabilitation
Authority  or  committee  appointed  by  the  Slum  Rehabilitation Authority,  shall  be
invalidated merely on the grounds of,—

(a) any vacancy of a member or any defect in the constitution or reconstitution

of the Slum Rehabilitation Authority or a committee thereof; or

Act  not  to
be
invalidated
by  vacancy,
informality,
etc.

and Redevelopment) Act, 1971

12

                Maharashtra Slum Areas (Improvement, Clearance

[1971 : Mah. XXVIII

Officers  and
servants  of
Slum
Rehabilita-
tion
Authority.

Authentica-
tion  of  orders
etc.  of  the
Slum
Rehabilitation
Authority.

Power  of
State
Government
to  issue
directions.

Application
of  Slum
Rehabilitation
Authority’s
assets,  etc.

Fund of Slum
Rehabilita-
tion
Authority.

and Redevelopment) Act, 1971

(b) any defect or irregularity in the appointment of a person as member of the

Slum Rehabilitation Authority or of a committee thereof; or

(c) any  defect  or  irregularity  in  such  act  or  proceedings,  not  affecting  the

substance.
3I. (1) The Slum Rehabilitation Authority may appoint such officers and servants
subordinate to the Chief Executive Officer as it considers necessary for the efficient
performance of its duties and functions.

(2) The conditions of appointment and service of the Chief Executive Officer and
his pay scale shall be such as may, by general or special order, be determined by the
State Government.

(3) The conditions of appointment and service of officers and servants shall be

such as may be laid down from time  to time, by regulations.

(4) Subject to the superintendence of the Slum Rehabilitation Authority, the Chief
Executive Officer shall supervise and control all the officers and employees of the Slum
Rehabilitation Authority.

3J. All proceedings of the Slum Rehabilitation Authority shall be authenticated by
the Chairman and all orders and instruments of the Slum Rehabilitation Authority shall
be  authenticated  by  the  Chief  Executive  Officer  or  any  other  officer  of  the  Slum
Rehabilitation Authority as may be authorised in this behalf by regulations.

3K. (1) The State Government may issue to the Slum Rehabilitation Authority such
general or special directions as to policy as it may think necessary or expedient for
carrying out the purposes of this Act and the Slum Rehabilitation Authority shall be
bound to follow and act upon such directions.

(2) (a) Without prejudice to the generality of the foregoing provision, if the State
Government is of opinion that the execution of any resolution or order of the Authority
is in contravention of, or in excess of,  the powers conferred by or under this Act or any
other law for the time being in force, or is likely to lead to abuse or misuse of or to cause
waste of the Fund of the  Authority, the State Government may, in the public interest,
by order in writing, suspend the execution of such resolution or order. A copy of such
order shall be sent forthwith by the State Government to the Authority and its Chief
Executive Officer.

(b) On receipt of the order sent as aforesaid, the Authority shall be bound to follow

and act upon such order.

3L. All  property,  fund  and  other  assets  vesting  in  the  Slum  Rehabilitation

Authority shall be held and applied by it, for the purposes of this Act.

3M. (1) The Slum Rehabilitation Authority shall have and maintain its own fund,

to which shall be credited,—

(a) all moneys received by the Slum Rehabilitation Authority from the State

Government by way of grants, subventions, loans raised under this Act;

(b) all fees, costs and charges received by the Slum Rehabilitation Authority

under this Act;

(c) all moneys received by the Slum Rehabilitation Authority from the disposal
of  lands,  buildings  and  other  properties,  moveable  and  immoveable  and  other
transactions.

1971 : Mah. XXVIII]

Maharashtra Slum Areas (Improvement, Clearance
and Redevelopment) Act, 1971

13

(2) The Slum Rehabilitation Authority may keep current and deposit account with the

Bank.

23  of
1955.
38  of
1959.
5of
1970.
40  of
1980.
2  of
1934.

Explanation.—For the purposes of this sub-section, the expression “Bank” means,—
(i) the State Bank of India constituted under the State Bank of India Act, 1955;
(ii) a subsidiary bank as defined in the State Bank of India (Subsidiary Banks) Act,

1959;

(iii)  a  corresponding  new  bank  constituted  under  section  3  of  the  Banking
Companies (Acquisition and Transfer of Undertakings) Act, 1970 or under section 3 of
the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1980;

(iv) any other bank, being a scheduled bank as defined in clause (e) of section 2 of

the Reserve Bank of India Act, 1934, as may be approved by the State Government.
(3) Such  accounts  shall  be  operated  by  such  officers  of  the  Slum  Rehabilitation

Authority as may be authorised by it in this behalf.

(4) Notwithstanding  anything  contained  in  sub-sections  (2) and  (3),  the  Slum
Rehabilitation Authority may keep on hand such sum as it thinks fit, for its day to day
transactions, subject to such limits and conditions as may be prescribed.

3N. The State Government may, after due appropriation made by the State Legislature
by law in this behalf, make such grants, subventions, loans and advances to the Slum
Rehabilitation Authority as it may deem necessary for the performance of the functions of
the Slum Rehabilitation Authority under  this Act; and all grants, subventions, loans and
advances  made  shall  be  on  such  terms  and  conditions  as  the  State  Government  may
determine.

3O.  (1) The Slum Rehabilitation Authority shall, by such date in each financial year
as may be prescribed, prepare and submit to the State Government for approval an annual
financial statement and the programme of work for the succeeding financial year and the
State Government may approve such financial statement and the programme of work of the
Slum Rehabilitation Authority as submitted by the Slum Rehabilitation Authority or with
such variations as the State Government thinks fit.

(2) The annual financial statement shall show the estimated receipts and expenditure

during the succeeding financial year in such form and detail as may be prescribed.

(3) The Slum Rehabilitation Authority shall be competent  to make variations in the
approved programme of work in the course of the financial year provided that all such
variations and reappropriations out of the sanctioned budget are brought to the notice of
the State Government by a supplementary financial statement.

(4) A copy each, of the annual financial statement and the programme of work and the
supplementary financial statement, if any, shall be placed before each House of the State
Legislature as soon as may be after their receipt by the State Government.

Grants,
subventions,
loans  and
advances  to
Slum
Rehabilita-
tion
Authority.
Financial
Statement
and
programme
of  work.

3P. (1) The Slum Rehabilitation Authority shall maintain books of accounts and other
books in relation to the business and transaction in such form  and in such manner, as may
be prescribed.

Accounts
and Audit.

(2) The accounts of Slum Rehabilitation Authority shall be audited by an Auditor
appointed  by  the  State  Government,  in  consultation  with  the  Comptroller  and Auditor
General of India.

(3) Within nine months from the end of the financial year the Slum Rehabilitation
Authority shall send a copy of the accounts audited together with a copy of the report  of
the Auditor thereon to the State Government.

J-1074–3

14

                Maharashtra Slum Areas (Improvement, Clearance

[1971 : Mah. XXVIII

and Redevelopment) Act, 1971

(4) The  State  Government  shall    cause  the  accounts  of  the  Slum  Rehabilitation
Authority together with the audit report thereon forwarded to it under sub-section (3) to
be laid before each House of the State Legislature as far as possible before the expiry of
the year next succeeding the year to which the accounts and the report relate.

3Q. Every  contract  or  assurance  of  property  on  behalf  of  the  Slum  Rehabilitation
Authority shall be in writing and executed by such authority or officer in such manner as
may be provided  by regulations.

3R. (1) If the State Government is of the opinion that the Slum Rehabilitation Author-
ity has made a default in the performance of any duty or obligation imposed or cast on it
by or under this Act, the State Government may fix, a period for the performance of that
duty or obligation and give notice to the Slum Rehabilitation Authority accordingly.

(2) If  the  Slum  Rehabilitation Authority  fails  or  neglects  to  perform  such  duty
or obligation within the period so fixed for its performance, it shall be lawful for the
State Government to supersede and reconstitute the Slum Rehabilitation Authority as it
deems fit.

(3) After the supersession of the Slum Rehabilitation Authority and until it is reconsti-
tuted, the powers, duties and functions of the Slum Rehabilitation Authority under this
Act shall be carried on by the State Government or by such officer or officers or body of
officers as the State Government may appoint for this purpose, from time to time.

(4) All property vested in the Slum Rehabilitation Authority shall, during the period of

such supersession, vest in the State Government.

3S. The Slum Rehabilitation Authority or the Chief Executive Officer may, delegate any
of  the powers conferred on them by or under this Act,  to any of the officers of the Slum
Rehabilitation Authority and permit him to redelegate such power to his subordinate, by
general or special order in this behalf.

  Execution
of  con-
tracts,  etc.
Default  in
perfor-
mance  of
duty.

Delegation  of
powers  of
Slum
Rehabilitation
Authority  or
Chief
Executive
Officer.

Protection  of
action  taken
in  good  faith.

3T. No suit, prosecution or other legal proceedings shall lie against any person for
anything which is in good faith done or intended to be done under this Act or rules or
regulations made thereunder.

Chairman,
Members,
Chief
Executive
Officers,  etc.,
to  be  public
servant.
Power  to
make
regulations.

Dissolution  of
Slum
Rehabilitation
Authority.

3U. Chairman, Members, Chief Executive Officer and officers and servants of the Slum
Rehabilitation Authority, as the case may be, shall, while acting or purporting to act in
pursuance of any of the provisions of this Act or rules or regulations made thereunder, be
deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

XLV
o f
1860.

3V. The Slum Rehabilitation Authority may make regulations consistent with this Act
and the rules made thereunder for all or any of the matters to be provided under this Act by
regulations and generally for all other matters for which provision is, in the opinion of the
Slum Rehabilitation Authority, necessary for the exercise of its powers and the discharge
of its functions under this Act.

3W. (1) Where the State Government is satisfied that the continued existence of the
Slum Rehabilitation Authority is unnecessary, the Government may, by notification in the
Official Gazette, declare that the Slum Rehabilitation Authority shall be dissolved with
effect from such date as may be specified in the notification and the Slum Rehabilitation
Authority shall be deemed to be dissolved  accordingly and upon such dissolution the
members (including the Chairman and the Chief Executive Officer) shall vacate their
respective offices.

(2) From the said date,—

(a) all properties, funds and dues which are vested in, or realisable by, the Slum

Rehabilitation Authority shall vest in, or be realisable by, the State Government;

(b) all liabilities which are enforceable against the Slum Rehabilitation Authority

shall be enforeceable against the State Government.]

1971 : Mah. XXVIII]

Maharashtra Slum Areas (Improvement, Clearance
and Redevelopment) Act, 1971

15

1[CHAPTER I-B
PROTECTED  OCCUPIERS,  THEIR  RELOCATION,  AND
REHABILITATION

3X. In this Chapter, unless the context otherwise requires,—

(a) “dwelling structure” means a structure used as a dwelling or otherwise and
includes an out-house, shed, hut or other enclosure or structure, whether of bricks,
masonry, wood, mud, metal or any other material whatsoever;

(b) “photo-pass”  means  an  identity  card-cum-certificate  issued  by  the  Govern-
ment  in the prescribed format under section 3Y, and shall include such other document
or documents declared by Government, by order issued in this behalf, to be equivalent
of photo-pass for the purposes of this Chapter;

(c) “protected occupier” means an occupier of a dwelling structure who holds a

photo-pass;

(d) “scheme”  means  any  arrangement  or  plan  prepared  and  declared  by  the
State  Government  for  the  protection,  relocation  and  rehabilitation  of  the  protected
occupiers.
3Y. (1) The Government or any officer generally or specially authorised by it in this
behalf shall, after verifying certain documents or records, as may be prescribed, issue a
photo-pass for the purposes of this Act, in the prescribed format to the actual occupier of
a dwelling structure, in existence on or prior to 1st January 1995.

(2) If  the  photo-pass  issued  under  sub-section  (1) is  lost  or  destroyed  or  defaced,
the holder of the photo-pass shall forthwith intimate the loss, destruction or defacement
of the photo-pass to the concerned authority which has granted the photo-pass and shall
apply, in writing to the said authority with the prescribed fee for issue of a duplicate.

(3) On receipt of an application under sub-section (2), the authority shall, after verify-
ing the records and carrying out such inquiry, if any, as deemed fit, issue a duplicate
photo-pass to the applicant with a clear marking on such photo-pass as “DUPLICATE”.
(4) If after the issue of a duplicate photo-pass, the original is found, it shall be incum-
bent upon the applicant to forthwith surrender the same to the authority by which it was
issued.

(5) The Government shall maintain in the prescribed form an upto-date Register of the

photo-pass issued by it under sub-section (1).

Definitions.

Issuance  of
photo-pass
and  mainte-
nance  of
Register.

Protection,
relocation
and
rehabilitation
of  protected
occupiers.

3Z. (1) Notwithstanding anything  contained in this Act, on and after the commence-
ment  of  the  Maharashtra  Slum Areas  (Improvement,  Clearance  and  Redevelopment)
(Second Amendment) Act,  2001,  no  protected  occupier  shall,  save  as  provided  in
sub-section (2), be evicted, from his dwelling structure.

Mah.
X  of
2002.

(2) When, in the opinion of the State Government, it is necessary in the larger public
interest, to evict the protected occupiers from the dwelling structures occupied by them,
the State Government may, subject to the condition of relocating and rehabilitating them
in  accordance  with  the  scheme  or  schemes  prepared  by  the  State  Government  in  this
behalf, evict them from such dwelling structures :

Provided that, if any of the protected occupiers does not comply with the terms and
conditions of the scheme for relocation and rehabilitation, such occupier shall forfeit the
claim for such relocation and rehabilitation and shall become liable for eviction without
being relocated and rehabilitated.

1  Chapter  I-B,  and  sections  3X,  3Y,  3Z,  3Z-1  and  3Z-2  were  inserted  by  Mah.  10  of  2002,  s.  3

16

                Maharashtra Slum Areas (Improvement, Clearance

[1971 : Mah. XXVIII

and Redevelopment) Act, 1971

Powers  of
Competent
Authority
to  demolish
unauthorised
or  illegal
dwelling
structures.

3Z-1. (1) Where a Competent Authority, upon a complaint from any person or report
from its officer or police or any  other record or information in its possession, is satisfied
that any unauthorised or illegal dwelling structure or part thereof has been constructed or
any addition to the existing structure as recorded on photo-pass, has been erected, after
the  1st  January  1995,  within  the  area  of  its  jurisdiction,  without  obtaining  necessary
permission required to be obtained in that behalf under the relevant laws, of the con-
cerned statutory authorities, it shall forthwith serve  upon the owner of such unauthorised
or illegal dwelling structure or any other person claiming an interest therein and also upon
the person who is in occupation of such structure, a written notice to show cause, within
twenty-four hours as to why an order of demolition of the structure should not be made.

(2) If the owner of such unauthorised or illegal dwelling structure or any other person
claiming  an  interest  therein  or  the  occupier  of  such  structure  is,  by  any  reason
whatsoever, not available for serving or receiving  the  notice, such notice shall be affixed
at a conspicuous place on such structure, and it will be deemed to be due service of notice
on the concerned person or persons.

(3) The person or persons upon whom the notice has been served under sub-section
(1)  or  (2),  as  the  case  may  be,  shall,  within  twenty-four  hours  appear  before  the
Competent Authority and produce or cause to be produced by  his agent or representa-
tive,  the  necessary  documents  to  prove  that  the  requisite  statutory  permission  for
construction, reconstruction, addition or extension, as the case may be, has been duly
obtained by him and that the construction, re-construction, addition or extension is not
unauthorised or illegal.

(4) The  Competent Authority  shall,  thereupon,  on  scrutiny  of  documents,  if  any,
produced by such person, on being satisfied that the dwelling structure, addition to it or
extension  thereof,  is  unauthorised  or  illegal,  forthwith  make  an  order,  in  writing,  for
demolition of such structure immediately, and in any case not later than twenty-four hours
from the time of making of the order, by such person :

Provided that, if the owner or as  the case may be, the person claiming an interest in the
structure or the occupier of such structure or his agent or representative fails to appear
before the Competent Authority, within the time specified in the notice, the structure shall
be treated as unauthorised or illegal and the Competent Authority shall pass an order for
its demolition.

(5) Where an order of demolition of such unauthorised or illegal dwelling structure is
made  under  sub-section  (4) or  the  proviso  thereto,  the  owner  of  the  structure  or  any
other  person claiming an interest therein or the person in occupation of such structure
shall, immediately demolish that structure within twenty-four hours from the passing of
the  demolition  order  and  if,  the  concerned  person  who  is  ordered  to  demolish  the
structure, fails to demolish such structure within that time, the Competent Authority shall
forthwith demolish the structure and remove the debris with the help of its staff and the
police officer from the area where such structure is situated, and sell the debris of such
demolished structure to recover the expenses incurred by the Competent Authority for
such demolition and removal of debris. If the expenses incurred are not satisfied out of the
proceeds of sale of the debris of such structure, the same shall be recoverable from  the
owner of the structure or any other person claiming an interest therein or from the person
who was in occupation of such structure, as arrears of land revenue.

17

Demolition
o f
unauthorised
or  illegal
dwelling
structures  and
penal
liability.

1971 : Mah. XXVIII]

Maharashtra Slum Areas (Improvement, Clearance
and Redevelopment) Act, 1971

Mah.
X  of
2002.

3Z-2. (1) After the commencement of the Maharashtra Slum Areas (Improvement,
Clearance  and  Redevelopment)  (Second Amendment) Act,  2001,  where  a  Competent
Authority, upon a complaint from any person or report from its officer or police, or any
other record or information in its possession, is satisfied that any unauthorised or illegal
dwelling structure or part thereof has been constructed or is being constructed or any
addition to the existing structure is erected or being erected, within the area of its jurisdic-
tion,  without  obtaining  necessary  permissions  required  to  be  obtained  in  that  behalf
under the relevant laws, of the concerned statutory authorities, it shall forthwith  serve
upon the owner of such unauthorised or illegal dwelling structure or any other person
claiming  an  interest  therein  and  also  upon  the  person  who  is  in  occupation  of  such
structure, a written notice to show cause, within twenty-four hours as to why an order of
demolition of such structure should not be made.

(2) If the owner of such unauthorised or illegal dwelling structure or any other person
claiming an interest therein or the occupier of such structure is, by any reason whatso-
ever, not available for serving or receiving the notice, such notice shall be affixed at the
conspicuous place on such structure, and it will be deemed to be due service of notice on
the concerned person or persons.

(3) The person or persons upon whom the notice has been served under sub-section
(1) or (2), as the case may be, shall within twenty-four hours appear before the Competent
Authority and produce or cause to be produced by his agent or representative, the neces-
sary documents to prove that the requisite statutory permission for construction, recon-
struction, addition or extension, as the case may be, has been duly obtained by him and
that the construction, reconstruction, addition or extension, is not unauthorised or illegal.

(4) The  Competent Authority  shall,  thereupon,  on  scrutiny  of  documents,  if  any,
produced by such person, on being satisfied that the dwelling structure, addition to it or
extension thereof is unauthorised or illegal, it shall forthwith make an order, in writing, for
demolition of such structure immediately, and in any case not later than twenty-four hours
from the time of making of the order, by such person :

Provided that, if the owner or as the case may be, the person claiming an interest in the
structure or the occupier of such structure or his agent or representative fails to appear
before the Competent Authority, within the time specified in the notice, the structure shall
be treated as unauthorised or illegal and the Competent Authority shall pass an order for
its demolition.

(5) Where an order of demolition of such unauthorised or illegal dwelling structure is
made  under  sub-section  (4) or  the  proviso  thereto,  the  owner  of  the  structure  or  any
other person claiming an interest therein or the person in occupation of such structure
shall, immediately demolish that structure within twenty-four hours from the passing of
the  demolition  order  and  if,  the  concerned  person  who  is  ordered  to  demolish  the
structure, fails to demolish such structure within that time, the Competent Authority shall
forthwith demolish the structure and remove the debris with the help of its staff and the
police officer from the area where such structure is situated, and sell the debris of such
demolished structure to recover the expenses incurred by the Competent Authority for
such demolition and removal of debris. If the expenses incurred are not satisfied out of the
proceeds of sale of the debris of such structure, the same shall be recoverable from the
owner of the structure or any other person claiming an interest therein or from the person
who was in occupation of such structure, as arrears of land revenue.

18

                Maharashtra Slum Areas (Improvement, Clearance

[1971 : Mah. XXVIII

and Redevelopment) Act, 1971

(6) Notwithstanding anything contained in this Act, the owner of the unauthorised or
illegal dwelling structure referred to in sub-section (1) or any other person responsible for
construction of such unauthorised structure or who has aided or abeted the construction
of such unauthorised or illegal structure or the person who is in the occupation of such
structure  with  the  knowledge  that  such  structure  is  unauthorised    or  is  illegally
constructed, shall be guilty of an offence under this section and shall, on conviction, be
punished with imprisonment for a term which shall not be less than one year but which
may extend to three years and with fine which shall not be less than two thousand five
hundred rupees but which may extend to five thousand rupees.

(7) Notwithstanding anything contained in this Act, the Competent Authority or any

of its officer who,—

(i) has aided or abeted the construction of illegal or unauthorised structure; or
(ii) has failed to demolish such structure as provided in sub-section (5) without

any sufficient reason,
such act of commission or omission on their part shall constitute an offence under this
section and shall, on conviction, be punished with imprisonment for a term which shall not
be less than one year but which may extend to two years and with fine which shall not be
less  than  two  thousand  five  hundred  rupees  but  which  may  extend  to  five  thousand
rupees :

Provided that, before initiating any action against the Competent Authority or any of
its officer on the ground of aiding or abetting the construction of any unauthorised or
illegal dwelling structure, or failure to carry out the duty of demolition of an unauthorised
dwelling structure, a reasonable opportunity of being heard shall be given to him by the
concerned Disciplinary Authority :

Provided  further  that,  on  prima-facie  case  of  commission  of  such  offence  being
established against the Competent Authority or any of its officer, the concerned authority
or  officer  may,  pending  prosecution,  be  suspended  by  the  concerned  Disciplinary
Authority.

(8) The  offences  punishable  under  sub-section  (6)  shall  be  cognizable  and

non-bailable.

(9) It shall be binding on the occupant of a dwelling structure to forthwith produce the
photo-pass for inspection as and when demanded by the Competent Authority or any
officer specially authorised by it in this behalf or by any police officer who is competent to
investigate the cognizable cases under the Code of Criminal Procedure, 1973, and non-
production or failure on the part of such occupant to produce the photo-pass shall be
sufficient ground or evidence for the police officer to take cognizance of an offence under
this section :

Provided that, no such demand for inspecting of the photo-pass of any occupant shall
be  made  by  the Authority  or  its  officer  or  the  police  officer,  after  sunset  and  before
sunrise.]

1[CHAPTER I-C
SPECIAL PROVISIONS FOR IN SITU REHABILITATON HOUSING SCHEMES FOR PROTECTED
OCCUPIERS IN SLUM AREAS.

2  of
1974.

Definitions.

3Z-3. In this Chapter, unless the context otherwise requires,—
(a) “Housing    Committee”  means    a    Housing  Committee    constituted    under

section 3Z-4 :

1Chapter  I-C.  and  section,  3Z-3,  3Z-4,  3Z-5,  3Z-6  and  3Z-7  were  inserted  by  Mah.  1  of  2004.  s.  2.

1971 : Mah. XXVIII]

Maharashtra Slum Areas (Improvement, Clearance
and Redevelopment) Act, 1971

19

Mah.
XXXVII
of 1966.

(b) “Housing scheme” means a scheme formulated and declared by the State
Government or the Government of India, for the construction or reconstruction of
dwelling units or structures in the scheme area for providing basic amenities to the
slum dwellers who are protected occupiers as defined in clause (a) of section 3X
and their in  situ rehabilitation in such scheme area;

(c) “Scheme  area”  means  any  area  declared  as  the  scheme  area  by  the
concerned Housing Committee, in the Official Gazette, for the purposes of this
Chapter and shall include any area declared as the slum area under section 4;

(d) words  and  expressions  used  herein  but  not  defined,  shall  have  their
respective meanings as assigned to them in the Maharashtra Regional and Town
Planning Act, 1966.

3Z-4. The  State  Government  shall,  for  the  purpose  of  this  Chapter,  by  order,
constitute the Housing Committee or Committees for each district and the composition,
and functions and powers and duties of such Housing Committee or Committees, as the
case may be, shall be such as may be prescribed.

3Z-5. (1) Under any housing scheme, the protected occupier in the scheme area may,
after  obtaining  the  permission  of  the  Planning Authority,  in  the  prescribed  manner,
construct  or  re-construct  a  dwelling  structure  as  per  the  terms  and  conditions  of  the
housing scheme.

Constitu-
tion  of
Housing
Committee.

Develop-
ment
permission.

(2) Notwithstanding  anything  contained  in  this Act  or  any  other  law  for  the  time
being in force, the Planning Authority may relax, the provisions of the Development Plan
or Regional Plan, including the Development Control Rules or Regulations, wherever
found necessary in regard to any development or redevelopment under a housing scheme:

Provided that, no such relaxation shall be made without first obtaining in writing, the
concurrence of the Director, Town Planning, Maharashtra State or an officer authorised
by him in this behalf.

(3) The Housing Committee may also carry out such other incidental or connected
functions and duties as may be assigned to it by the State Government, from time to time,
by special or general orders issued in this behalf, not inconsistent with the provisions  of
this Act.

Mah.
XXXVII
of 1966.

(4) Notwithstanding anything contained in the Maharashtra Regional and Town Plan-
ning Act, 1966, no development charges or any other fee shall be payable to the Planning
Authority under the said Act, for any development undertaken in respect of a housing
scheme, as may be notified from time to time, by the State Government under this Act.

3Z-6. Notwithstanding anything contained in this Act, nothing in this Chapter shall

apply to the,—

(a) Scheduled  areas,  declared  as  such  by  the  President  of  India  by  an  order

under paragraph 6 of the Fifth Schedule to the Constitution of India;

(b) forest area to which the Forest (Conservation) Act, 1980 applies;

(c) Coastal Regulation Zone as declared under clause (v) of sub-section (2) of

section 3 of the Environment (Protection) Act, 1986;

(d) Eco-Sensitive Zones of Ecologically Fragile Areas as declared under sub-
section  (1) and  clause  (v)  of  sub-section  (2) of  section  3  of  the  Environment
(Protection) Act, 1986;

69  of
1980.

29  of
1986.

29  of
1986.

Provisions
of  this
Chapter
not  to
apply  in
certain
areas.

20

                Maharashtra Slum Areas (Improvement, Clearance

[1971 : Mah. XXVIII

and Redevelopment) Act, 1971

(e) Hill Stations as notified by the State Government;

Control  by
State
Govern-
ment.

Declaration
of  slum
areas.

(f) Special Toruism Areas, declared as such by the Central or State Government;

(g) Lands belonging to the Central Government or any entity thereof unless the

same is voluntarily offered for the housing scheme;

(h) any slum area which, in the opinion of the State Government or the concerned
Housing Committee, is unsuitable for human habitation or to which it would not be in
the public interest to apply the provisions of this Chapter.

3Z-7. The  authority  exercising  the  powers  under  sub-section  (2) of  section  3Z-5
shall furnish to the State Government such reports,  returns and other information as the
State Government may, from time to time, require.]

4. 1[(1) Where the Competent Authority is satisfied  that—

(a) any area is or may be a source of danger to the health, safety or convenience
of the public of that area or of its neighbourhood, by reason of the area having
inadequate  or  no  basic  amenities,  or  being  insanitary,  squalid,  overcrowded  or
otherwise; or

(b) the buildings in any area, used or intended to be used for human habitation

are—

(i) in any respect, unfit for human habitation; or

(ii) by  reasons  of  dilapidation,  overcrowding,    faulty  arrangement  and
design of such building, narrowness or faulty arrangement of streets, lack of
ventilation,  light  or  sanitation  facilities  or  any  combination  of  these  factors,
detrimental to the health, safety or convenience of the public of that area,

the Competent Authority may, by notification in the Official Gazette,declare such
area to be a slum area. Such declaration shall also be published in such other manner
(as will give due publicity to the declaration in the area) as may be prescribed.]

2[Explanation.—For the purposes of clause (b), the expression “buildings” shall

not include,—

(a) cessed buildings in the island City of Mumbai as defined in clause (7) of section
2  of  the  Maharashtra  Housing  and Area  Development Act,  1976,  or  old  buildings
belonging to the Corporation;

(b) buildings constructed with permission of the relevant authority at any point of

Mah.
XXVIII
o f
1977.

time;

(c) any building in an area taken up under the Urban Renewal Scheme.]

(2) In determining whether buildings are unfit for human habitation for the purposes
of this Act, regard shall be had to the condition thereof in respect of the following matters,
that is to say,—

1  Sub-section  (1)  was  substituted  by  Mah.  23  of  1973,  s.  102,  Sch.  II.
2 This  Explanation  was  added  by  Mah.  11  of  2012,  s.  7.

1971 : Mah. XXVIII]

Maharashtra Slum Areas (Improvement, Clearance
and Redevelopment) Act, 1971

21

(a) repairs;

(b) stability;

(c) freedom from damp;

(d) natural light and air;

(e) provision for water-supply;

(f) provision for drainage and sanitary conveniences;

(g) facilities for the disposal of waste water;

and  the  building  shall  be  deemed  to  be  unfit  as  aforesaid,  if,  and  only  if,  it  is  so  far
defective in one or more of the said matters that it is not reasonably suitable for occupa-
tion in that condition.

(3) Any person aggrieved by a declaration made under sub-section (1) may, within
thirty days after the date of such declaration in the Official Gazette, appeal to the Tribu-
nal, 1[No such appeal filed after the expiry of thirty days as aforesaid shall be entertained.]

2[(4) When an appeal is presented under sub-section (3),  the Tribunal shall, by a
public notice published in a newspaper in the Marathi language circulating in the local
area in which the slum area situated and also displayed at some conspicuous place in the
slum area, call upon the residents of the slum area to file their objections, if any, to the
appeal within a period of fifteen days from the date of publication of such public notice in
the newspaper as aforesaid, either by themselves or through any association of residents
in the slum area of which they are members.

(5) On expiry of the period of fifteen days as aforesaid the Tribunal shall fix a day for
hearing the appeal and inform the appellant about the same by letter under certificate of
posting and the residents of the slum area by displaying the notice of hearing at some
conspicuous place in the slum area and upon hearing  the appellant and the residents or
representative  of  their  association  in  the  slum  area,  if  present,  or  on  considering  the
written objections, if any, made by such residents or association, if absent, the Tribunal
may, subject to the provisions of sub-section (6), make an order either confirming, modi-
fying or rescinding the declaration; and the decision of the Tribunal shall be final.

XXI
o f
1860.
Mah.
XXI
o f
1961.

Explanation—For  the  purposes  of  sub-section  (4) and  this  sub-section,  the
expression “any association of residents in the slum area” means a society, if any, of such
residents registered under the Societies Registration Act, 1860 or under the Maharashtra
Co-operative Societies Act, 1960.

(6) While deciding the appeal the Tribunal shall ignore the works of improvement
executed  in  such  slum  area  by  any  agency  of  the  Government  or  any  local  authority
after  the  declaration  thereof  as  such  slum  area  by  the  Competent Authority  under
sub-section  (1).]

1  This  portion  was  added  by  Mah.  30  of  1986,  s.  3.
2  These  sub-sections  were  substituted  for  sub-section  (4)  by  Mah.  29  of  1987,  s.  3.

J-1074–4

22

                Maharashtra Slum Areas (Improvement, Clearance

[1971 : Mah. XXVIII

and Redevelopment) Act, 1971

Certain
slum
improve-
ment  areas
deemed  to
be  slum
areas.

1[4A. (1) Any declaration made under section 26 of the Maharashtra Slum Improve-
ment Board Act, 1973, declaring any area to be slum improvement area, and in force
immediately before the date of commencement of the Maharashtra Slum Areas (Improve-
ment, Clearance and Redevelopment) (Amendment) Act, 1976 (hereinafter in this section
referred  to  as  “the  said  date”)  shall,  on  and  from  the  said  date,  be  deemed  to  be  a
declaration made under section 4 of this Act declaring the same area to be a slum area for
the purposes of this Act.

Mah.
XXIII
1973.
Mah.
XX  of
1976.

Power  of
Competent
Authority
o f
execution
of  works  of
improve-
ment.

Improve-
ment  works.

(2) Any  person  aggrieved  by  the  provisions  of  sub-section  (1) may,  within  thirty

days from the said date, appeal to the Tribunal functioning under this Act.

(3) On such appeal, the Tribunal may make an order either confirming, modifying or

rescinding the declaration; and the decision of the Tribunal shall be final.]

CHAPTER III
SLUM IMPROVEMENT

2[5. (1) Where the Competent Authority is satisfied that any slum area or any part
thereof is capable of being improved, at a reasonable expense, so as not be a source of
danger to the health, safety or convenience of the public of that area, it may serve upon
the owner or owners and every mortgagee of the properties in that area or any part thereof
a notice informing them of its intention to carry out such improvement works as in its
opinion are necessary and asking each of them to submit his objections or suggestions, if
any, to the Competent Authority, within thirty days from the date of such notice. A copy of
such notice shall also be displayed at some conspicuous places in the area for the infor-
mation of the occupiers thereof and for giving them also an opportunity to submit their
objections or suggestions, if any. On such display of the notice, the owners,occupiers
and  all  other  persons  concerned  shall  be  deemed  to  have  been  duly  informed  of  the
matters stated therein.

(2) After considering the objections and suggestions received within the time afore-
said, from the owners, occupiers and other persons concerned, the Competent Authority
may decide and proceed to carry out the improvement works with or without modifica-
tions or may postpone them for a certain period or cancel the intention to undertake the
works.

5A. For the 3[purpose of this Act,] the improvement works may consist of all or any of

the following :—

(a) laying of water mains, sewers and storm water drains;
(b) provision of urinals, latrines, community baths, and water taps;
(c) widening,  realigning  or  paving  of  existing  roads,  lanes  and  pathways  and

constructing new roads, lanes and pathways;

(d) providing street lighting;
(e) cutting, filling, levelling and landscaping the area;
(f) partial development of the area with a view to providing land for  unremunera-
tive purposes such as parks, playgrounds, welfare and community centres, schools,
dispensaries, hospitals, police stations, fire stations and other amenities run on a non-
profit basis;

(g) demolition of obstructive or dilapidated buildings or portions of buildings;
(h) any  other  matter  for  which,  in  the  opinion  of  the  Competent Autority,  it  is
expedient to make provision for preventing the area from being or becoming a source of
danger to safety or health or a nuisance.
1  Section  4A  was  inserted  by  Mah.  20  of  1976,  s.  3.
2  Original  section  5  was  renumbered  a  section  5C,  and  before  section  5C  as  so  renumbered,  sections

5,  5A  and  5B  were  inserted  by  Mah.  23  of  1973,  s.  102,  Sch.  II.

3 These  words  were  substituted  for  the  words  “purpose  of  the  last  preceding  section”  by  Mah.  20

of  1976,  s.  4.

23

Power  of
Competent
Authority
to  require
occupiers
to  vacate
premises.

1971 : Mah. XXVIII]

Maharashtra Slum Areas (Improvement, Clearance
and Redevelopment) Act, 1971

5B. (1) Where the Competent Authority undertakes the improvement works in any
area and is of opinion that any of the occupiers thereof should vacate their premises, it
shall give them notice to vacate by a specified date or dates. It may as far as practicable
offer such occupiers alternative sites in any other area. If any occupier fails to vacate and
to shift to the alternative site offered to him within the specified period, the responsibility
of the Competent Authority to provide him alternative site shall cease.

(2) Notwithstanding  anything  contained  in  this Act,  where  any  occupier  does  not
vacate his premises, the Competent Authority may take or cause to be taken such steps
and use or cause to be used such force as may be reasonably necessary for the purpose
of getting the permises vacated.

(3) The  Competent Authority  may,  after  giving  fifteen  clear  days’  notice  to  the
persons removed under sub-section (2) and affixing a copy thereof in some conspicuous
place in the area, remove or cause to be removed or dispose of by public auction any
property remaining on the premises.

(4) Where  the  property  is  sold  under  sub-section  (3),  the  sale  proceeds  shall  after
deducting the expenses of sale, be paid to such person or persons as may be entitled to
the same :

Provided that,  where the Competent Authority is unable to decide as to the person or
persons to whom the balance of the amount is payable or as to the apportionment of the
same, it shall refer such dispute to a Civil Court of competent jurisdiction and the decision
of the Court shall be final.]

1[5C. (1) Where  the  Competent Authority,  upon  report  from  any  of  its  officers  or
other information in its possession, is satisfied that any buildings in a slum area are in any
respect unfit for human habitation, or any slum area or part thereof is or is likely to  be a
source of danger to the health, safety or convenience of the public in that area or  in its
neighbourhood by reason of the area having no basic amenities or having inadequate
amenities or being insanitary, squalid, overcrowded or otherwise a source of such danger,
the  Competent Authority  may,  unless  in  its  opinion  the  buildings  or  the  area  are  not
capable at a reasonable expense of being rendered so fit or free from such danger, serve
upon the owners of the buildings or lands in the area a notice requiring  them, within such
time, which shall not be less than thirty days, as may be specified in the notice,  to execute
such works of improvement, either within or outside the buildings or the area, as may be
specified in the notice and stating that in the opinion of the Authority those works will
render the buildings or the area fit for human habitation or free from such danger, as the
case may be.

Power  of
Competent
Authority
to  require
improve-
ment  of
buildings
unfit  for
human
habition
and  of  areas
which  are
source  of
danger  to
public
health,  etc.

(2) In addition to serving a notice under this section on the owners, the Competent
Authority may serve copy of the notice on every mortgagee of the building or land so far
as it is reasonably practicable to ascertain such persons and further a copy of such notice
shall also be displayed at some conspicuous place in the slum area for the information of
the  occupiers  thereof.  Such  display  of  the  notice  shall  be  conclusive  proof    that  the
owners, occupiers and other persons concerned have been duly informed of the matter
stated in the notice.

(3) In determining for the purposes of this Act whether the building can be rendered
fit  for  human  habitation  or  the  area  can  be  rendered  free  from  danger  aforesaid,  at
reasonable expense, regard shall be had to the estimated cost of the works necessary for
these purposes and the value which it is estimated that the buildings or lands will have
when the works are completed.]

1  Section  5C  was  substituted  for  the  original  by  Mah.  20  of  1976,  s.  5.

24

                Maharashtra Slum Areas (Improvement, Clearance

[1971 : Mah. XXVIII

and Redevelopment) Act, 1971

Enforce-
ment  of
notice
requiring
execution  of
works  of
improve-
ment.

6. (1) If a notice under 1[section 5C] requiring the owners of the buildings or of the
lands 2 * * * as the case may be, to execute works of improvement is not complied with,
then, after the expiration of the time specified  in the notice, the Competent Authority may
itself do the works required to be done by the notice.

(2) All expenses incurred by the Competent  Authority under this section, together
with interest, at such rate as the State Government may by order fix, from the date when a
demand for the expenses is made until payment, may be recovered by the Competent
Authority from the owners of the builings or of the lands 2 * * * as the case may be,  as
arrears of land revenue :

Expenses  of
mainte-
nance  of
works  of
improve-
ment  to  be
recoverable
from
occupier.

Restriction
o n
buildings,
etc,  in  slum
areas.

Provided that, if any owner proves that he,—

(a) is-receiving the rent merely as agent or trustee for some other person; and

(b) has not in his hands on behalf of that other person sufficient money to satisfy
the whole demand of the Authority, his liability shall be limited to the total amount of
the money which has in his hands as aforesaid.

3[7. Where works of improvement have been executed in any slum area or in relation to
any building or buildings in a slum area, in pursuance of the provisions of sections 5, 5C
and 6, any expenses incurred by the Competent Authority or, as the case may be, any local
authority,  in  connection  with  the  maintenance  of  such  works  or  the  enjoyment  of
amenities and conveniences rendered possible by such works, shall be recoverable from
the occupiers of the area or of buildings concerned as service charges; and if the amount
due  is  not  paid  within  the  time  specified,  it  shall  be  recoverable  from  the  occupier
concerned as arrears of land revenue.]

8. (1) The Competent Authority may, by notification in the Official Gazette (and also
published in such other manner as may be prescribed), direct that no person shall erect
any building in slum area except with the previous permission in writing of the Competent
Authority.

(2) Every notification issued under sub-section (1) shall cease to have effect on the
expiration of two years from the date thereof, or such extended period or periods not
exceeding a further five years as the State Government may, by notification in the Official
Gazette (and also published in such other manner as may be prescribed) from time to time
specify in this behalf, except as respect things done or omitted to be done before such
cesser.

(3) Every person desiring to obtain the permission referred to in sub-section (1) shall
make an application in writing to the Competent Authority in such form and containing
such information in respect of the erection of the building to which the application relates
as may be prescribed.

(4) On  receipt  of  such  application,  the  Competent Authority,  after  making  such

inquiry as it considers necessary, shall, by order in writing—

(a) either grant the permission subject to such terms and conditions, if any, as may

be specified in the order; or

(b) refuse to grant such permission :

Provided that, before making an order refusing such permission , the applicant shall be
given a reasonable opportunity to show cause why the permission should not be refused.

1  This  was  substituted  for  the  word  and  figure  “section  5”  by  Mah.  23  of  1973,  s.  102,  Sch.  II.
2 The  words  “on  which  the  buildings  stand”  were  deleted  by  Mah.  20  of  1976,  s.  6.
3 Section  7  was  substituted  for  the  original  by  Mah.  23  of  1973,  s.  102,  Sch.  II.

CJPN  (J-1068-XX)--11-2012--6,977  bks.--PR  8*

1971 : Mah. XXVIII]

Maharashtra Slum Areas (Improvement, Clearance
and Redevelopment) Act, 1971
 (5) Nothing contained in sub-section (1) shall apply to—

25

(a) any  works  of  improvement  required  to  be  executed  by  a  notice  under
sub-section (1) 1[of section 5 or of section 5C]; or in pursuance of an undertaking
given under  sub-section (2) of section 9; or

(b) the erection of any building in any area in respect of which a slum clearance

order has been made under section 12.
9. (1) Where a Competent Authority upon a report from any of its officers, or other
information in its possession is satisfied, that any building in a slum area is unfit for
human habitation and is not capable at a reasonable expense of being rendered so fit, it
shall serve upon the owner of the building and upon any other person having an interest
in the building, whether as lessee, mortgagee or otherwise, a notice to show cause within
such time as may be specified in the notice as to why an order of demolition of the building
should not be made.

(2) If  any  of  the  persons  upon  whom  a  notice  has  been  served  under  sub-section
(1) appears in pursuance thereof before the Competent Authority and gives an undertak-
ing to the Authority that such person shall within a period specified by the Authority
execute such works of improvement in relation to the building as will in the opinion of the
Authority render the building fit for human habitation or that if shall not be used for
human habitation until the Authority on being satisfied that it has been rendered fit for
that  purpose  cancels  the  undertaking,  the  Authority  shall  not  make  any  order  of
demolition of the building.

(3) If no such undertaking as is mentioned in sub-section (2)  is given, or if in  a case
where  any  such  undertaking  has  been  given  any  work  of  improvement  to  which  the
undertaking relates is not carried out within the specified period, or the building is at any
time used in contravention of the terms of the undertaking, the Competent Authority shall
forthwith make an order of demolition of the building requiring that the building shall be
vacated within a period to be  specified in the order not being less than thirty days, from
the date of the order, and that it shall be demolished within six weeks after the expiration of
that period :

Provided that, before any such order is made, the Competent Authority shall as far as
practicable  secure  accommodation  in  advance  for  housing  the  occupiers  who  may  be
dishoused as a result of such demolition.

10. (1) Where an order for demolition of a building under section 9 has been made,
the owner of the building or any other person having an interest therein shall demolish
that building within the time specified in that behalf by the order; and if the building is not
demolished within that time, the Competent Authority shall enter and demolish the build-
ing and sell the materials thereof.

(2) Any expenses incurred by the Competent Authority under sub-section (1), if not
satisfied out of the proceeds of sale of materials of the building, shall be recoverable form
the owner of the building or any other person having an interest therein as arrears of land
revenue.

2[10A. In any slum area, the Competent Authority may, with the previous approval of
the State Government and on such terms and conditions as may be agreed upon, entrust
to any agency recognised by it for the purpose,—

(a) the  execution  under  its  own  supervision  of  any  improvement,  clearance  or

redevelopment works;

(b) the maintenance or repairs of any such works under its control;
 (c) the work of collection of service charges recoverable by and due to it.]

1These  words,  figures  and  letter  were  substituted  for  the  words,  figure  and  letter  “of  section  5C”  by

Mah.  20  of  1976,  s.  7.

2  Section  10A  was  inserted  by  Mah.  23  of  1973,  s.  102  Sch.  II.

Power  of
Competent
Authority
to  order
demolition
of buildings
unfit  for
human
habitation.

Procedure
to  be
followed
where
demoli-
tion  order
has  been
made.

Power  of
Competent
Authority
to  entrust
improve-
ment  and
other
works.

26

                Maharashtra Slum Areas (Improvement, Clearance

[1971 : Mah. XXVIII

Power  to
declare  any
slum  area  to
be a
clearance
area.

Clearance
order.

and Redevelopment) Act, 1971

CHAPTER  IV
SLUM CLEARANCE AND REDEVELOPMENT

11. (1) Where the Competent Authority, upon a report from any of its officers or other
information  in  its  possession,  is  satisfied  as  respects  any  slum  area,  that  the  most
satisfactory method of dealing with the conditions in the area is the demolition of all the
buildings in the area, the Authority shall cause that area to be defined on a map in such
manner as to exclude from the area any building which is not unfit for human habitation or
dangerous or injurious to health, and then, it shall, by an order notified in the Official
Gazette, declare the area so defined  to be a clearance area, that is to say, an area to be
cleared of all buildings in accordance with the provisions of this Act. The order shall also
be given wide publicity in such manner as may be prescribed.

(2) Before any area is declared to be a clearance area, the Competent Authority shall
satisfy itself as to the sufficiency of its resources, and ascertain the number of persons
who are likely to be dishoused in such area, and thereafter, to take such measures as are
practicable whether by the arrangment of its programme or by securing as far as practi-
cable such accommodation in advance of displacements which will from  time to time
become necessary as the demolition of buildings in the area, or in different parts thereof
proceeds, or in any other manner so as to ensure that as little hardship as possible is
inflicted on those dishoused. The State Government may, subject to the provisions of
Chapter V, and subject to the condition of previous publication, make rules for the pur-
pose  of  carrying  out  the  provisions  of  this  sub-section;  and  without  prejudice  to  the
generality  of  this  provision,  such  rules  may  provide  for  ascertaining  the  number  and
names of persons who on a date to be specified by the Competent Authority were occupy-
ing the buildings comprised in the clearance area, for the location of the accommodation
either temporary or permanent and the extent of floor area to be provided to those who are
dishoused, for occupying the building after it is re-erected, for rent to be paid for the
temporary accommodation provided to those who are dishoused, the circumstances in
which persons provided with temporary accommodation may be evicted, and for pur-
poses connected with the matter aforesaid. The provisions of sub-section (2) of section
46 shall apply in relation to rules made under this section as they apply to rules made
under that section.

(3) The Competent Authority shall forthwith transmit to the Administrator a copy of
the declaration under this section, together with a map and statement of the number of
persons  who,  on  the  date  specified  by  the  Competent Authority  under  sub-section
(2), were occupying buildings comprised in the clearance area.

12. (1) As soon as may be after the Competent Authority has declared any slum area
to be a clearance area, it shall make a clearance order in relation to that area, ordering the
demolition of each of the buildings specified therein, and requiring each such building to
be vacated within such time as may be specified in the 1[clearance order], and shall submit
the 1[clearance order] to the Adminstrator for confirmation.

(2) The Administrator may either confirm the 1[clearance order] in whole or subject to

such variations as he considers necessary; or reject the 1[clearance order].

(3) As soon as a clearance order is confirmed, the Administrator shall publish a notice
in such manner as may be prescribed; stating that the 1[clearance order] has been con-
firmed and naming a place where a copy of the 1[clearance order] confirmed and of the map
referred to therein may be seen at all reasonable hours.

(4) Any person aggrieved by the 1[clearance order] of the Administrator may, within
six weeks of the publication of the notice of the confirmation of the 1[clearance order],
prefer an appeal to the Tribunal; and the decision of the Tribunal shall be final.

1  These  words  were  substituted  for  the  word  “order”  by  Mah.  46  of  1975,  s.  2  (1).

1971 : Mah. XXVIII]

Maharashtra Slum Areas (Improvement, Clearance
and Redevelopment) Act, 1971

27

(5) Where any such appeal 1[is duly made],—

(i) 2[the Tribunal or the President may, by interim order,] suspend the operation of the
3[clearance order] either generally, or in so far as it affects any property, until the final
determination of the appeal; and

(ii) 4[the Tribunal if satisfied] upon hearing of the appeal that the 3[clearance order] is
not  within  the  powers  of  this Act,  or  that  the  interest  of  the  appellant  have  been
substantially prejudiced, by any requirement of this Act not having been complied with,
may quash the 3[clearance order] either generally, or in so far as it affects any property of
the appellant.

(6) Subject to the provisions of the last preceeding sub-section, the 3[clearance order]
shall become operative at the expiration of six weeks from the date on which the notice of
confirmation of the 3[clearance order] is published in accordance with the provisions of
this Act.

(7) When a clearance order has become operative, the owners of buildings to which
the  3[clearance order] applies shall demolish the buildings before the expiration of six
weeks from the date on which the buildings are required by the 3[clearance order] to be
vacated, or before the expiration of such longer period as in the circumstances of the case,
the Competent Authority may deem reasonable.

(8) If the buildings are not demolished before the expiration of the period mentioned in
sub-section (7), the Competent Authority may enter and demolish the buildings and sell
the material thereof.

(9) Any expenses incurred by the Competent Authority in demolishing any buildings,
after giving credit, for any amount realised by the sale materials, may be recovered by the
Competent Authority from the owner of the building or any person having interest therein
as arreas of land revenue; and any surplus in the hands of the Competent Authority shall
be paid by it to the owner of the building, or if there are more than one owner, shall be paid
as  those  owners  agree.  In  default  of  agreement  between  the  owners,  the  Competent
Authority shall deposit the surplus amount in Greater Bombay, in the Bombay City Civil
Court, and elsewhere, in the District Court; and the decision of the Principal Judge, or as
the case may be, the District Judge, on the question of distributing the surplus between
the owners, shall be final.

(10) Subject to the provisions of this Act, and of any other law for the time being in
force in relation to town-planning and to the regulation of the erection of buildings, where
a clearance order has become operative, the owner of the land to which the 3[clearance
order]  applies,  may  redevelop  the  land  in  accordance  with  the  plans  approved  by  the
Competent Authority,  and  subject  to  such  restrictions  and  conditions  (including  a
condition with regard to the time within which the redevelopment shall be completed), if
any, as that Authority may think fit to impose :

Provided that, an owner who is aggrieved by a restriction or condition so imposed on
the user of his land, or by a subsequent refusal of the Competent Authority to cancel or
modify any such restriction or condition  may, within such time as may be prescribed,
appeal to the Tribunal and its decision shall be final.

(11) No person shall commence or cause to be commenced any work in contravention

of a plan approved or a restriction or condition imposed  under sub-section (10).

1 These words were substituted for the words “is duly made, the Tribunal” by Mah. 46 of 1975. s. 2 (2) (a).

2  These  words  were  substituted  for  the  words  “may,  by  interim  order”,  ibid.,  s.  2  (2)(b).

3  These  words  were  substituted  for  the  word  “order”,  ibid.,  s.  2  (1).

4  These  words  were  substituted  for  the  words  “if  satisfied”,  ibid.,  s.  2  (2)  (c).

28

                Maharashtra Slum Areas (Improvement, Clearance

[1971 : Mah. XXVIII

and Redevelopment) Act, 1971

Power  of
Competent
Authority  to
redevelop
clearance
area.

13. (1) Notwithstanding  anything  contained  in  sub-section  (1) of  section  12,  the
Competent Authority may, at any time after the land has been cleared of buildings in
accordance with a clearance order, but before the work of redevelopment of that land has
been commened by the owner, by order, determine to redevelop the land at its own cost, if
that Authority is satisfied that it is necessary in the public interest to do so.

(2) Where land has been cleared of the buildings in accordance with a clearance order,
the Competent Authority, if it is satisfied that the land has been, or is being,  redeveloped
by  the  owner  thereof  in  contravention  of  plans  duly  approved,  or  any  restrictions  or
conditions imposed under sub-section (10) of section 12, or has not been redeveloped
within  the  time,  if  any,  specified  under  such  conditions,  may,  by  order,  determine  to
redevelop the land at its own cost :

Provided  that,  before  passing  such  order,  the  owner  shall  be  given  a  reasonable

opportunity of showing cause why the order should not be passed.

CHAPTER V
ACQUISITION OF LAND

14. (1) Where on any representation from the Competent Authority it appears to the
State Government that, in order to enable the Authority 1[to execute any work of improve-
ment or to redevelop any slum area or any structure in such area, it is necessary that such
area, or any  land]  within adjoining or surrounded by any such area should be acquired,
the State Government may acquire the land by publishing in the Official Gazette, a notice
to the effect that the State Government has decided to acquire the land in pursuance of
this section :

2[Provided that, before publishing such notice, the State Government, or as the case
may be, the 3[Competent Authority] may call upon by notice the owner of, or any other
person who, in its or his opinion may be interested in, such land to show cause in writing
why the land should not be acquired with reasons therefor, to the 3[Competent Authority]
within the period specified in the notice; and the 3[Competent Authority] shall, with all
reasonable  despatch,  forward  any  objections  so  submitted  together  with  his  report  in
respect thereof  to the State Government and on considering the report and the objec-
tions, if any, the State Government may pass such order as it deems fit.]

4[(1A) The acquisition of land for any purpose mentioned in sub-section (1) shall be

deemed to be a public purpose.]

(2) When a notice as aforesaid is published in the Official Gazette, the land shall, on
and from the date on which the notice is so published, vest absolutely in the State Govern-
ment free from all encumbrances.

15. 5[(1) Where any land is vested in the State Government under sub-section (2) of
section 14, the Collector may, by notice in writing order any person who may be in posses-
sion of the land to surrender or deliver possession thereof  to him, or to any person duly
authorised by him in this behalf, within thirty days of the service of the notice.]

(2) If any person fails or refuses to comply with an order under sub-section (1), 6[the
Collector or such authorised person] may take possession of the land, and may for that
purpose use such force as may be reasonably necessary.

1  These  words  were  substituted  for  the  words  “to  execute  any  work  of  improvement  in  relation  to
any  slum  area  or  any  building  in  such  area  or  to  redevelop  any  clearance  area,  it  is  necessary  that
any  land”    by  Mah.  11  of  2012,  s.  8(a).

2  This  proviso  was  substituted  by  Mah.  28  of  1984,  s.  3.
3 These  words  were  substituted  for  the  word  “Collector”  by  Mah.  11  of  2012,  s.  8  (b).
4  Sub-section  (1A)  was  deemed  always  to  have  been  inserted  by  Mah.  23  of  1973,  s.  102,  Sch.  II.
5  Sub-section  (1)  was  substituted  by  Mah.  28  of  1984,  s.  4  (a).
6  These  words  were  substituted  for  the  words  “the  State  Government”,  ibid.,  s.  4  (b).
7  This  marginal  note  was  substituted  for  the  original,  ibid.,    s.  4  (d).

Power  of
State
Govern-
ment  to
acquire  land.

7[Power  of
Collector  to
require
person  in
possession  of
land  to
surrender  or
deliver
possession
thereof  to
him,  etc.]

1971 : Mah. XXVIII]

Maharashtra Slum Areas (Improvement, Clearance
and Redevelopment) Act, 1971
1[(3) Where any land is taken possession of as aforesaid, the Collector shall make that
land available to the Competent Authority and thereupon the Competent Authority may,—
(a) itself carry out any order of demolition or execution of the work of improvement

29

Vesting  of
land  under
Slum
Rehebilitation
Scheme.

Mah.
XXV.
II  of
1977.

or of redevelopment; or

(b) entrust, in accordance with the provisions of section 10A, the work of improve-
ment  or  other  works  referred  to  in  that  section  to  any  other  agency  including  the
Maharashtra  Housing  and  Area  Development Authority  constituted  under  the
Maharashtra Housing and Area Development Act, 1976, or to a Co-operative Housing
Society of the occupants of such land or occupants of any other area which has been
declared as slum area under section 4.
(4) The State Government or the Collector, with the previous approval of the State
Government,  may  subject  to  such  terms  and  conditions,  as  the  State  Government
considers expedient for securing the purposes of this Act, transfer by way of lease such
land  with  or  without  the  improvement  and  other  works  carried  out  thereon,  to  the
Co-operative Housing Societies of such occupants.]

2[15A.  (1) Notwithstanding anything contained in this Act or any other law for the
time being in force, on completion of rehabilitation component of the Slum Rehabilitation
Scheme  implemented  on  the  plot  of  land  belonging  to  the  State  Government,  the
Municipal  Corporation,  the  Municipal  Council  or  the  Maharashtra  Housing  and Area
Development Authority, as the case may be, duly sanctioned by the Slum Rehabilitation
Authority,  the  Chief  Executive  Officer  of  the  Slum  Rehabilitation   Authority,  after
consultation with the land owning Authority, shall declare, within thirty days from the
completion of the rehabilitation component of the Scheme, by a notification in the Official
Gazette, that such land shall vest in the Slum Rehabilitation  Authority :

Provided that, the provisions of this section shall apply to the Slum Rehabilitation
Scheme situated within the jurisdiction of the Brihan Mumbai only if, the Slum Rehabili-
tation Authority has obtained no objection as envisaged under regulation 33 (10) and
clause 2.8 of the Appendix IV appended to the Development Control Regulations for
Brihan Mumbai, 1991.

(2) The State Government, the Municipal Corporation, the Municipal Council or the
Maharashtra  Housing  and Area  Development Authority,  as  the  case  may  be,  shall,  in
respect of the Slum Rehabilitation Scheme under sub-section (1), be entitled to receive
from the  Slum Rehabilitation Authority a compensation as determined under section 17.
(3) The Slum Rehabilitation Authority shall recover the amount of compensation paid
by it under sub-section (2), from the developer of the Slum Rehabilitation  Area or from the
person in whose favour it executes the lease of such land.

(4) The Slum Rehabilitation Authority, subject to such terms and conditions as it may
consider expedient for securing the purposes of this Act, shall lease that part of the land
on which rehabilitation component of the Slum Rehabilitation Scheme has been con-
structed, to the Co-operative Society of the slum dwellers on thirty years lease at such
annual lease rent as may be prescribed from time to time, and such lease shall be renewable
for a further period of thirty years on the same terms and conditions.

(5) The Slum Rehabilitation Authority, subject to such terms and conditions as it may
consider expedient for securing the purposes  of this Act, shall lease that part of land on
which free sale component  of the Slum Rehabilitation Scheme shall be constructed, or is
being constructed, to the Developer of such Scheme or to the Organisation or Associa-
tion or Company or Co-operative Society formed by the purchasers of such free sale area
on thirty years’ lease at such annual lease rent as may be prescribed from time to time, and
such lease shall be renewable for a further period of thirty years on the same terms and
conditions.]

1  These  sub-sections  were  substituted  for  sub-section  (3)  by  Mah.  28  of  1984,  s.  4  (c).
2 Section  15A  was  inserted  by  Mah.  11  of  2012,  s.  9.

J-1074–5

30

                Maharashtra Slum Areas (Improvement, Clearance

[1971 : Mah. XXVIII

Right  to
receive
compensa-
tion.

Basis  for
determina-
tion  of
compensa-
tion.

Apportion-
ment  of
compensa-
tion.

and Redevelopment) Act, 1971

16. Every  person  having  any  interest  in  any  land  acquired  under  this Act  shall  be
entitled to receive from the State Government compensation as provided hereafter in this
Act.

17. (1) Where any land is acquired and vested in the State Government under this
Chapter, the State Government shall pay for such acquisition compensation, the amount
of which shall be determined in accordance with the provisions of this section.

(2) Where the amount of compensation has been determined by agreement between
1[the State Government or as the case may be, the Collector] and the person to be compen-
sated, it shall be determined in accordance  with such agreement.

(3) Where no such agreement can be reached, the amount payable as compensation
in respect of any land acquired shall be an amount equal to sixty times the net average
monthly income actually derived from such land during the period of the five consecutive
years immediately preceding the date of publication of the notice  referred to in section 14.
(4) The net average monthly income referred to in sub-section (3) shall be calculated

in the manner and in accordance with the principles set out in the First Schedule.

(5) The Competent Authority shall, after holding an inquiry in the prescribed manner,
determine in accordance with the provisions of sub-section (4) the net average monthly
income actually derived from the land, and publish a notice in a conspicuous place on the
land and serve it in the manner provided  in section 36 and calling upon the owner of the
land and every person interested therein, to intimate to it, before a date specified in the
notice, whether such owner or person agrees to the amount so determined and if he does
not  so  agree,  what  amount  he  claims  to  be  the  net  average  monthly  income  actually
derived from the land.

(6) Any person who does not agree to the amount of the net average monthly income
determined by the Competent Authority under sub-section (5), and claims a sum in excess
of that amount may prefer an appeal to the Tribunal within thirty days from the date
specified in the notice referred to in that sub-section.

(7) On  appeal,  the  Tribunal  shall,  after  hearing  the  appellant,  determine  the  net
average monthly income and its determination shall be final and shall not be questioned in
any court of law.

(8) Where  there  is  any  building  on  the  land  in  respect  of  which  the  net  average
monthly income has been determined, no separate compensation shall be paid in respect
of such building :

Provided that, where the owner of the land and the owner of the building on such land
are  different,  the  Competent Authority  shall  apportion  the  amount  of  compensation
between the owner of the land and the owner of the building in the same proportion as the
market-price  of  the  land  bears  to  the  market-price  of  the  building  on  the  date  of  the
acquisition.

18. (1) Where several persons claim to be interested in the amount of compensation
determined under section 17, the Competent Authority shall determine the person who in
its opinion are entitled to receive compensation, and the amount payable to each of them.
(2) If any dispute arises as to the apportionment of compensation or any part thereof,
or as to the persons to whom the same or any part thereof is payable, the Competent
Authority  may  refer  the  dispute  to  the  decision  of  the  Tribunal;  and  the  Tribunal  in
deciding any such dispute shall follow the provisions of Part III of the Land Acquisition
Act, 1894 2[and the decision of the Tribunal on the dispute shall be final and shall not be
called in question in any Court or before any authority.]
1  These words  were substituted  for  the  words  “the  State  Government”   by  Mah.  28  of  1984,    s.  5.
2  This  portion  was  added  by  Mah.  46  of  1975,  s.  4.

1  of
1894.

1971 : Mah. XXVIII]

Maharashtra Slum Areas (Improvement, Clearance
and Redevelopment) Act, 1971

19. (1) After  the  amount  of  compensation  has  been  determined,  the  Competent
Authority  shall,  on  behalf  of  the  State  Government,  tender  payment  of,  and  pay  the
compensation to the persons entitled thereto.

(2) If the persons entitled to compensation do not consent to receive it, or if there be
any dispute as to the title to receive compensation or as to the apportionment of it, the
Competent Authority shall deposit the amount of the  compensation in Greater Bombay, in
the Bombay City Civil Court, and elsewhere in the  Court of the District Judge, and that
Court shall deal with the amount so deposited in the manner laid down in sections 32 and
33 of the Land Acquisition Act, 1894.

1of
1894.

20. (1) The Competent Authority may, for the purposes of determining the amount of
compensation  or  apportionment  thereof,  require  by  order  any  person  to  furnish  such
relevant information in his possession as may be specified in the order.

(2) The Competent Authority shall, while holding an inquiry under section 17, have all
the powers  of a Civil Court while trying a suit under the Code of Civil Procedure, 1908, in
respect of the following matters, namely :—

V of
1908.

(a) summoning and enforcing the attendance of any person and examining him on

31

Payment  of
compensa-
tion  or
deposit  of
the  same  in
Court.

Powers  of
Competent
Authority
in  relation
t o
determina-
tion  of
compensa-
tion,  etc.

oath;

(b) requiring the discovery and production of any document;

(c) reception of evidence on affidavit;

(d) requisitioning any public record from any court or officer;

(e) issuing commissions for examination of witnesses.

21. When the amount of compensation is not paid or deposited on or before taking
possession of the land the Competent Authority on behalf of the State Government shall
pay the amount of compensation determined with interest thereon  from the time of so
taking  possession until the amount shall have been so paid or deposited at such rate (not
being less than 4 per cent. per annum) as the State Government may by order fix.

Payment  of
interest.

CHAPTER VI

1[PROTECTION OF OCCUPIERS IN SLUM AREAS FROM EVICTION AND DISTRESS WARRANTS]

22. (1) Notwithstanding anything contained in any other law for the time being in
force, no person shall except with the previous permission in writing of the Competent
Authority,—

Mah.
XXV-
III  of
1971.

(a) institute, after commencement of the Maharashtra Slum Areas (Improvement, Clear-
ance and Redevelopment) Act, 1971, any suit or proceeding for obtaining any decree or
order for the eviction of an occupier from any building or land 2[ in a slum area or for
recovery of any arrears of rent or compensation from any such occupier, or for both; or]
(b) when any decree or order is obtained in any suit or proceeding instituted before
such commencement for the eviction of an occupier from any building or land in such area
3[or for recovery of any arrears of rent or compensation from such occupier, or for both]
execute such decree 4[or order; or]

Proceedings
for  eviction
of  occupiers
5[or  for  issue
of  distress
warrant]  not
to  be  taken
without
permission  of
Competent
Authority.

1 The  heading  of  Chapter  VI  was  substituted  for  the  heading  “Protection  of  Tenants  in  Slum Areas

From  Eviction”  by  Mah.  13  of  1978,  s.  5.

2 These  words  were  substituted  for  the  words  “in  a  slum  area;  or”  by  Mah.  2  of  1987,  s.  2  (a)  (i).
3 These  words  were  inserted,  ibid.,  s.  2  (a)  (ii).
4 These  words  were  substituted  for  the  words  “or  order”  by  Mah.    13  of  1978,  s.  6  (1)  (a).
5 These  words  were  inserted,  ibid.,  s.  6  (5).

32

                Maharashtra Slum Areas (Improvement, Clearance

[1971 : Mah. XXVIII

and Redevelopment) Act, 1971

1[(c) apply to any Judge or the Registrar of the Small Cause Court under  Chapter VIII
of  the  Presidency  Small  Cause  Courts Act,  1882,  in  its  application  to  the  State  of
Maharashtra, or to any Court of Small Causes under Chapter IV-A of the Provincial Small
Cause  Courts Act,  1887,  in  its  application  to  the  State  of  Maharashtra,  for  a  distress
warrant for arrears of rent against any occupier of a house or premises in a slum area.]

XV of
1882.

IX  of
1887.

2[(1A) Notwithstanding anything contained in sub-section (1) as in force before the
commencement of the Maharashtra Slum Areas (Improvement, Clearance and Redevelop-
ment) (Amendment) Act, 1986 (hereinafter in this section referred to as “the Amendment
Act”) or in any other law for the time being in force, no person shall, except with the
previous permission in writing of the Competent Authority,—

Mah.
II  of
1987.

(a) execute any decree or order obtained in any suit or proceeding instituted during
the period commencing from the 30th day of September 1985 being the date of the expiry
of the Maharashtra Vacant Lands (Further Interim Protection to Occupiers  from Eviction
and  Recovery  of Arrears    of    Rent) Act,  1980  and  the  date  of  commencement  of  the
Amendment Act, for eviction of an occupier from any building or land in a slum area
(which area was earlier purported to be covered by the definition of “vacant land” in
clause (f) of section 2 of the Maharashtra Vacant Lands (Prohibition of Unauthorised
Occupation and Summary Eviction) Act, 1975) or for recovery of any arrears of rent or
compensation from such occupier, or for both; or

Mah.
XVI
o f
1980.

Mah.
LXVI
o f
1975.

(b) apply to any Judge or the Registrar of the Small Cause Court under Chapter VIII of
the Presidency Small Cause Courts Act, 1882, in its application to the State of Maharashtra,
or to any Court of Small Causes under Chapter IV-A of the Provincial Small Cause Courts
Act, 1887, in its application to the State of Maharashtra, for a distress warrant for arrears
of rent against any such occupier of a house or premises in any such slum area.]

XV of
1882.
IX  of
1887.

(2) Every person desiring to obtain the permission referred to in sub-section (1) 3[or
(1A)] shall make an application in writing to the Competent Authority in such form and
containing such particulars as may be prescribed.

(3) On  receipt  of  such  application,  the  Competent  Authority,  after  giving  an
opportunity to the parties of being heard and after making such summary inquiry into the
circumstances of the case as it thinks fit, shall, by order in writing , either grant or refuse
to grant such permission.

(4) In granting or refusing to grant the permission 4[under clause (a) or (b)  of sub-
section (1)] 5[or clause (a) of sub-section (1A)] the Competent Authority shall take into
account the following factors, namely :—

(a) Whether alternative accommodation within the means of the occupier would be

available to him, if he were evicted;

(b) Whether the eviction is in the interest of improvement and clearance of the slum

area;

6[(b-1) whether, having regard to the relevant circumstances of each case, the total
amount of arrears of rent or compensation and the period for which it is due and the
capacity of the occupier to pay the same, the occupier is ready and willing to pay the
whole of the amount of arrears of rent or compensation by reasonable instalments within
a stipulated time;]

(c) any other factors, if any, as may be prescribed.

1  Clause  (c)  was  added  by  Mah.  13  of  1978,  s.  6  (1)  (b).
2  Sub-section  (1-A)  was  inserted  by  Mah.  2  of  1987,  s.  2  (b).
3  These  word,  brackets,  figure  and  letter  were  inserted,  ibid.,  s.  2  (c).
4  This  portion  was  substituted  for  the  words,  brackets  and  figure  “under  sub-section  (3)”    by  Mah.

13  of  1978,  s.  6  (2).

5  This  portion  was  inserted  by  Mah.  2  of  1987,  s.  2  (d)  (i).
6  Clause  (b-1)  was  inserted,  ibid.,  s.  2  (d)  (ii).

1971 : Mah. XXVIII]

Maharashtra Slum Areas (Improvement, Clearance
and Redevelopment) Act, 1971

33

XV of
1882
IX  of
1887.

1[(4A) (a) In  granting  or  refusing  to  grant  the  permission  under  clause  (c)  of
sub-section (1) 2[or clause (b) of sub-section (1A)] the Competent Authority shall take
into account the following factors, namely :—

(i) what is the amount of rent and for what period it is due;
(ii) whether  a  notice  of  demand  referred  to  in  the  proviso  to  sub-section  (1)  of
section 53 of the Presidency Small Cause Courts Act, 1882 or in the proviso to sub-
section (1) of section 27B of the Provincial Small Cause Courts Act, 1887, as the case
may be, has been duly given to the occupier liable to pay the arrears of rent;

(iii) whether the occupier is willing to pay arrears within a stipulated time;
(iv) any other factors, if any, as may be prescribed.
(b) If, within a period of 3[six months] from the date of receipt of any application for
permission under clause (c) of sub-section (1), 4[or clause (b) of sub-section (1A)] the
Competent Authority does not refuse to grant the permission, it shall be deemed to have
been granted at the expiration of such period.]

(5) Where the Competent Authority refuses to grant the permission 5[under any of
the clauses of sub-section (1) 6[or (1A)] it shall record a brief statement of the reasons
for such refusal, and furnish a copy thereof to the applicant.

23. Any person aggrived by an order of the Competent Authority refusing to grant
the permission referred to in sub-section (1) 7[or sub-section (1A) of section 22] may,
within thirty days of the date of the order, prefer an appeal to the Tribunal, and the
decision of the Tribunal shall be final.
8[23-A. (1) No person shall—
(a) collect or attempt to collect from any occupier, referred to in section 22, any rent,
compensation  or  other  charges  by  threatening  or  causing  any  injury  to  his  person,
reputation or property or to the person or reputation of anyone in whom the occupier is
interested;

(b) evict  or  attempt  to  evict  any  such  occupier  by  force  without  resorting  to  the

lawful procedure; or

(c) abet in any manner the doing of any of the abovementioned things.
(2) Whoever contravenes the provisions of sub-section (1) shall, on conviction, be
punished with imprisonment for a term which may extend to three years or with fine or
with both.]

24. (1) Where a tenant in occupation of any building in a slum area vacates any
building, or is evicted therefrom, on the ground that it is required for the purpose of re-
erection of the building, the tenant may, within such time as may be prescribed, file a
declaration with the Competent Authority that he desires to be replaced  in occupation
of the building after the re-erection of the building.

(2) On receipt of such declaration, the  Competent Authority shall by order require
the owner of the building to furnish to it, within such time as may be prescribed, the

1 Sub-section  (4A)  was  inserted  by  Mah.  13  of  1978,  s.  6  (3).
2 This  portion  was  inserted  by  Mah.  2  of  1987,  s.  2  (e)  (i).
3 These  words  were  substituted  for  the  words  “ninety  days”,  ibid.,  s.  2  (e)(ii)(A).
4 This  portion  was  inserted,  ibid.,  s.  2  (e)  (ii)  (B).
5 These  words,  brackets  and  figure  were  inserted  by  Mah.  13  of  1978,  s.  6  (4).
6 The  word,  brackets,  figure  and  letter  was  inserted  by  Mah.  2  of  1987,  s.  2  (f).
7 These  words,  brackets,  figures  and  letter  were  substituted  for  the  words  “of  the  last  preceeding

section”,  ibid.,  s.  3.

8 Section  23-A  was  inserted.,  ibid.,  s.  4.

Appeal.

Recovery  of
rent,  etc.,  by
criminal
intimidation
prohibited.

Restoration
of  posses-
sion  of
premises
vacated  by
tenant.

34

                Maharashtra Slum Areas (Improvement, Clearance

[1971 : Mah. XXVIII

and Redevelopment) Act, 1971

plans of the re-erection of the building and an estimate of the cost thereof, and such other
particulars as may be necessary; and shall, on the basis of such plans and estimate and
particulars, if any, furnished, and having regard to the provisions of sub-section (3) of
section 25, and after holding such inquiry as it may think fit, provisionally determine the
rent that would be payable by the tenant if  he were to be replaced in occupation of the
building in pursuance of the declaration made by him under sub-section (1).

(3) The rent provisionally determined under sub-section (2) shall be communicated in

the prescribed manner to the tenant and the owner.

(4) If the tenant after the receipt of such communication intimates in writing to the
Competent Authority within such time as may be prescribed that when he is replaced in
occupation of the building in pursuance of the declaration made by him under sub-section
(1), he would pay to the owner, until the rent is finally determined under section 25, the
rent provisionally determined under sub-section (2), the Competent Authority shall direct
the owner to place the tenant in occupation of the building after the re-erection of the
building [and intimation of such re-erection shall be given in the manner provided in sub-
section (5)], and the owner shall be bound to comply  with such direction.

(5) As soon as the work of carrying out re-erection of the building is nearing comple-
tion or is completed, the Competent Authority shall give notice to the tenants concerned
by affixing it in some conspicuous part of the building and by sending it by post to the
address which may have been registered with the Competent Authority by any tenant and
in such other manner as may be determined by the Competent Authority, that the building
is likely to be or is ready for occupation from a specified date, and that they should occupy
the building so re-erected within a period of one month from such date. If a tenant fails to
occupy the building within a period of one month from the specified date, his tenancy or
other right in respect of the said buidling shall, notwithstanding anything contained in
any contract or in any law for the time being in force, be deemed to be terminated, and the
owner shall be entitled to possession thereof. If such tenant has accepted the temporary
accommodation provided by the Competent Authority, he shall have to vacate the same
also forthwith; and if he does not vacate, he shall be liable to be evicted therefrom in the
manner provided in section 33.

Rent  of
buildings in
slum  areas.

25. (1) Where any building in a slum area is let to a tenant after it has been re-erected,
the rent of the building shall be determined in accordance with the provisions of this
section.

(2) Where any such building is let to a tenant (other than a tenant who is placed in
possession  of  the  building  in  pursuance  of  a  direction  made  under  sub-section (4) of
section 24), the tenant shall be liable to pay to the owner,—

(a) if there is a general law relating to the control of rents in force in the area in which the
building  is  situated  and  applicable  to  that  building,  the  rent  determined  in
accordance with the provisions of that law;

(b) if  there  is  no  such  law  in  force  in  such  area,  such  rent  as  may  be  agreed  upon

between the owner and the tenant.

(3) Where any such building is let to a tenant in pursuance of a direction made under
sub-section (4) of section 24, the tenant shall be liable to pay to the owner an annual rent
of a sum equivalent to four per cent. of the aggregate cost of  re-erection of the building
and the cost of the land on which the building is re-erected, unless the landlord has the
standard rent fixed under any law relating to the control of rents, at a higher rate. Where
the standard rent per annum is fixed at more than the annual rent aforesaid, the State
Government shall pay to the owner such amount of the difference by way of subsidised
rent as may be prescribed by rules made in this behalf.

1971 : Mah. XXVIII]

Maharashtra Slum Areas (Improvement, Clearance
and Redevelopment) Act, 1971
Explanation.—For  the  purposes  of  this  sub-section,  the  cost  of  the  land  shall  be
deemed to be a sum equivalent to the compensation payable in respect of the land if it
were acquired under section 14, on the date of commencement of the re-erection of the
building.

35

(4) The  rent  payable  by  a  tenant  in  respect  of  any  building  under  sub-section  (3)
shall, on an application made by the tenant or the owner, be determined by the authority
referred to in sub-section (5) :

Provided that, an application for determination of such rent by the owner or the tenant
shall not, except for sufficient cause, be entertained by such authority after the expiry of
ninety days from the re-erection of the building.

(5) The  authority  to  which  the  application    referred  to  in  sub-section  (4)  shall  be

made, shall be,—

(a) where there is a general law relating to the control of rents in force in the
area  in which the building is situated the authority to which applications may be
made for fixing of rents of buildings situate in that area; and for the purpose of
determining the rent under this section that authority may exercise all or any of the
powers it has under such general law; and the provisions of such law including
provision relating to appeals shall apply accordingly;

(b) if  there  is  no  such  law  in  force  in  that  area,  such  authority  as  may  be
specified by rules made in this behalf by the State Government, and such rules may
provide  the procedure that will be followed by that authority in determining the
rent  1[or appeals against the decision of such authority, and also for the levy of
Court-fees in such applications and appeals].

(6) Where the rent is finally determined under this section, then the amount of rent
provisionally determined as aforesaid and paid by the tenant shall be adjusted against
the rent so finally determined; and if the amount so paid  falls short of or is in excess  of,
the rent finally determined; the tenant shall pay the deficiency, or be entitled to a refund,
as the case may be.

26. Nothing in this Chapter shall apply to, or in relation to, the eviction under any law
of  a  tenant  from  any  building  in  a  slum  area  belonging  to  Government,  the  Nagpur
Improvement Trust constituted under the Nagpur Improvement Trust Act, 1936, or any
local authority.

C.  P.
and
Berar
XXXVI
o f
1936.

CHAPTER VII

MISCELLANNEOUS

27. It shall be lawful for any person authorised by the Competent Authority in this
behalf to enter  into or upon any building or land for the purposes of this Act with or
without assistants or workmen, in order to make any inquiry, inspection, measurement,
valuation or survey, or to execute any work which is authorised by or under this Act or
which it is necessary to execute for any of the purposes or in pursuance of any of the
provisions of this Act or of any notice, rule or order made thereunder.

1 These  words  were  substitued  for  the  words  “and  also  for  appeals  against  the  decision  of  such

authority”  by  Mah.  36  of  1973,  s.  2.

Chapter
not  to
apply  to
eviction  of
tenants
from
certian
buildings.

Powers  of
entry.

36

                Maharashtra Slum Areas (Improvement, Clearance

[1971 : Mah. XXVIII

Powers  of
inspection.

Power  to
enter  land
adjoining
land  where
work  is  in
progress.

Breaking
into
building.

Entry  to  be
made  in  day
time.

Occupier’s
or  owner’s
consent
ordinarily
to  be
obtained.

Power  of
eviction  to
be
exercised
only  by
the
Competent
Authority.

28. (1) The  Competent Authority  may,  by  general  or  special  order,  authorise  any

and Redevelopment) Act, 1971

person,—

(a) to inspect any drain, latrine, urinal, cesspool, pipe, sewer or channel in or on
any building or land, to which the provisions of this Act apply, and in his discretion,
to cause the ground to be opened for the purpose of preventing or removing any
nuisance arising from the drain, latrine,  urinal, cesspool, pipe, sewer or channel, as
the case may be;

(b) to examine works under construction in a slum area, to take levels or to

remove, test, examine, replace or read any meter.

(2) If, on such inspection, the opening of the ground is found to be necessary for the
prevention or removal of a nuisance, the expenses thereby incurred shall be paid by the
owner or occupier of the land or building, but if it is found that no nuisance exists, or but
for such opening would have arisen, the ground or portion of any building, drain, or other
work opened, damaged or removed for the purpose of such inspection shall be filled in,
reinstated or made good, as the case may be, by the Competent Authority at its own cost.
29. (1) Any person authorised by the Competent Authority in this behalf may,  with
or without assistants or workmen, enter on any land within fifty yards of any work authorised
by or under this Act for the purpose of depositing thereon any soil, gravel, stone or other
materials, or for obtaining access to such work or for any other purposes connected with
the carrying on of the same.

(2) The person so authorised shall, before entering on any land under sub-section
(1), state the purpose thereof, and shall, if so required by the occupier  or owner, fence off
so much of the land as may be required for such purpose.

(3) The person so authorised shall, in exercising any power conferred by this section,
do as little damage, as may be, and compensation shall be payable by the Competent
Authority to the owner or occupier of such land or to both for any such damage, whether
permanent or temporary.

30. It shall be lawful for any person authorised in writing by the Competent Authority
in this behalf to make any entry into any place, to open or cause to be opened any door,
gate or other barrier—

(a) if  he  considers  the  opening  thereof  necessary  for  the  purpose  of  such

entry;  and

(b) if the owner or occupier is absent, or being present, refuses to open such

door, gate or barrier.

31. No entry authorised by or under this Act shall be made except at reasonable hours

and between the hours of sun-rise and sun-set.

32. Save as provided in this Act, no building or land shall be entered without the
consent of the occupier, or if there be no occupier, of the owner thereof, and no such entry
shall be made without giving the said occupier or owner, as the case may be, not less than
twenty-four hours written notice of the intention to make such entry :

Provided that, no such notice shall be necessary if the place to be inspected is a shed

for cattle or a latrine, urinal or a work under construction.

33. Where the Competent Authority is satisfied either upon a representation  from the
owner of a building or upon other information in its possession that the occupants of the
building have not vacated it in pursuance of any order or direction issued or given by the
Authority, the Authority shall, by order, direct the eviction of the occupants from  the
building in such manner and within such time as may be specified in the order, and for the
purpose of such eviction, may use or cause to be used such force as may be necessary:
Provided that, before making any order under  this section, the Competent Authority
shall give a reasonable opportunity to the occupants of the building to show cause why
they should not be evicted therefrom.

37

Procedure
for
allotment
o f
tenements
to  slum
dwellers
not  willing
to  join  the
Scheme  or
Project.

Power  to
remove
offensive
o r
dangerous
trades  from
slum  areas.
Appeals.

1971 : Mah. XXVIII]

Maharashtra Slum Areas (Improvement, Clearance
and Redevelopment) Act, 1971
1[33A. In respect of the slum dwellers, who are in possession or occupation of the
building or structure which is part of the Slum Rehabilitation Scheme or Slum Redevlopment
Project  and  who  are  held  eligible  for  permanent  alternate  accommodation  by  the
Competent Authority and who do not join such Scheme or Project willingly, the Competnet
Authority shall,—

(a) ensure that provision for permanent alternate accommodation for all such slum
dwellers is made in the buildings to be constructed for rehabilitation component of the
Scheme or Project;

(b) communicate in writing to such slum dwellers that tenement would be given to
them by way of allotment by drawing lots on the same basis as communicated by the
developer to those who have joined the Scheme or Project;

(c) communicate to such slum dwellers that the transit tenement of 120 square feet
would  be  allotted  to  them  on  the  amount  of  rent  fixed  by  the  Slum  Rehabilitation
Authority;

(d) cause the Chief Executive Officer, or any officer designated by him, to direct the
eviction of such slum dwellers from the structure under their occupation and effect demo-
lition of such structure or any part thereof in such manner and within such time as may be
specified in the order, and for the purpose of such eviction, may use or cause to be used
such force as may be necessary;

(e) communicate in writing to such slum dwellers against whom action under clause
(d) is proposed that, after such action they shall not be eligible for transit tenement or for
the reconstructed tenement by lots, but shall be entitled only to what is available after
others have chosen their tenements in the Scheme or Project;

(f) communicate in writing to such slum dwellers that, if they do not join till the build-
ing permission to the first building of the Scheme or Project, is given, they shall lose the
right to any builtup tenement, and their tenements shall be taken over by the Slum Reha-
bilitation Authority, and used for the purpose of accommodating other slum dwellers who
cannot be accommodated in-situ, and they shall be entitled to only pitch of about 3 mtrs.
x 3.5 mtrs. elsewhere, if and when available, and construction therein shall have to be done
by such slum dwellers on their own.]

34. The Competent Authority may, by order in writing, direct any person carrying on
any dangerous or offensive trade in a slum area to remove the trade from that area within
such time as may be specified in the order :

Provided that, no order under this section shall be made unless the person carrying on
the trade has been afforded a reasonable opportunity of showing cause as to why the
order should not be made.

35. (1) Except as otherwise expressly provided in this Act, any person aggrieved by
any notice, order or direction issued or given by the Competent Authority may appeal to
the  2[Appellate Authority who shall be a person holding a post not below the rank of
Additional Collector, to be notified by the State Government,] within a period of thirty
days from the date of issue of such notice, order or direction.

3[(1A) Any  person,—
(a) aggrieved  by  any  notice,  order  or  directions  issued  or  given  by  the Appellate
Authority under sub-section (1), within a period of thirty days from the date of issue of
such notice, order or direction;

(b) for the purpose of resolving dispute in relation to matters about eligibility of slum
dweller,  eligible  slum  dweller  being  denied  tenement,  developer  not  undertaking  and
completing the  project as per the permission and approval so also within the stipulated
time frame, transit accommodation being  unavailable or not provided and likewise,

1 Section  33A  was  inserted  by  Mah.  11  of  2012,  s.  10.
2 These  words  were  substituted  for  the  word  “Administrator”,  ibid.,  s.  11  (a).
3 Sub-section  (1A)  was    inserted,  ibid.,  s.  11  (b).

J-1074–6

38

                Maharashtra Slum Areas (Improvement, Clearance

[1971 : Mah. XXVIII

and Redevelopment) Act, 1971

may file an appeal before the Grievance Redressal Committee constituted by the State
Government, by notification in the Official Gazette, for such area  and consisting of the
Chairperson and such  number of members as the Government may deem fit.  The qualifi-
cations of the Chairperson and the members of the Committee and the procedure to be
followed for transacting its business shall be such as may be prescribed.]

(2) Every appeal under this Act shall be made by petition in writing accompanied by a

copy of the notice, order or direction appealed against.

(3) On  the  admission  of  an  appeal,  all  proceedings  to  enforce  the  notice,  order  or
direction and all prosecutions for any contravention thereof shall be held in abeyance
pending the decision of the appeal; and if the notice, order or direction is set aside on
appeal, disobedience thereto shall not be deemed to be an offence.

(4) No appeal shall be decided under this section unless the appellant had been heard
or has had a reasonable opportunity of being heard in person or through a legal practitio-
ner.

(5) The decision of 1[the Grievance Redressel Committee] on appeal shall be final and

shall not be  questioned in any court.

36. (1) Every notice, order or direction issued under this Act shall, save as otherwise

expressly provided in this Act, be served,—

(a) by giving or tendering the notice, order or derection 2[or] by sending it by

registered post to the person for whom it is intended; or

(b) if such person cannot be found, by affixing the notice, order or direction on
some conspicuous part of his last known place of abode or business, or by giving or
tendering the notice, order or direction to some adult member or adult servant of his
family or by causing it to be affixed on some conspicuous part of the building or
land, if any, to which it relates.

(2) Where the person on whom a notice, order or direction is to be served is a minor,
service upon his guardian or upon any adult member or adult servant of his family shall be
deemed to be the service upon the minor.

(3) Every notice, order or direction, which by or under this Act is to be served as a
public notice, order or direction or as  a notice, order or direction which is not required to
be served on any individual therein specified shall, save as otherwise expressly provided,
be deemed to be sufficiently served if a copy thereof is affixed in such conspicuous part
of the office of the Competent Authority or in such other public place during such period,
or  is  published  in  such  local  newspaper  or  in  such  other  manner,  as  the  Competent
Authority may direct.

37. (1) Whoever fails to comply with any notice, order or direction issued or given
under this Act shall, on conviction, be punished with imprisonment for a term which may
extend to three months or with fine which may extend to one thousand rupees, or with
both.

(2) Whoever commences or casuses to be commenced any work in contravention of
any restriction or condition imposed under sub-section (10) of section 12, or any plan for
the redevelopment of a clearance area shall, on conviction, be punished with imprison-
ment which may extend to three months, or with fine which may extend to one thousand
rupees, or with both.

(3) Whoever  obstructs  the  entry  of  any  person  authorised  by  or  under  this Act  to
enter into or upon any building or land or molests such person after such entry or incites
or instigates or abets such obstruction or molestation shall, on conviction, be punished
with imprisonment which may extend to three months and with fine which may extend to
one  thousand  rupees.

1 These  words  were  substituted  for  the  word  “Administrator”  by  Mah.  11  of  2012,  s.  11  (c).
2 This  word  was  substituted  for  the  word  “and”  by  Mah.  30  of  1986,  s.  4.

Service  of
notice,  etc.

Penalty.

1971 : Mah. XXVIII]

Maharashtra Slum Areas (Improvement, Clearance
and Redevelopment) Act, 1971
(4) If the person committing an offence under this Act, is a company, every person
who  at  the  time  offence  is  committed  was  in  charge  of,  and  was  responsible  to,  the
company for the conduct of the business of the company as well as the company, shall be
deemed  to  be  guilty  of  the  offence  and  shall  be  liable  to  be  proceeded  against  and
punished, accordingly :

39

Provided  that,  nothing  contained  in  this  sub-section  shall  render  any  such  person
liable to any punishment provided in this Act if he proves that the offence was committed
without his knowledge or that he exercised all due diligence to prevent the commission of
such offence.

(5) Notwithstanding anything contained in sub-section (3), where an offence under
this Act has been committed by a company and it is proved that the offence has been
committed with the consent or connivance of,  or is attributable to any neglet on the part
of,  any  director  or  manager,  secretary  or  other  officer  of  the  company,  such  director,
manager, secretary or other officer shall also be deemed to be guilty of that offence and
shall be liable to be proceeded against and punished, accordingly.

Explanation.—For the purposes of this section—

(a) “Company” means a body corporate and includes a  firm or other associa-

tion of individuals; and

(b) “director” in relation to a firm means a partner in the firm.

38. (1) Where the erection of any building has been commenced, or is being carried
out,  or  has  been  completed,  in  contravention  of  the  provisions  of  section  8  or  of  any
restriction or condition imposed under sub-section (10) of section 12, or a plan for the
redevelopment of any clearance  area or in contravention of any notice, order or direction
issued or given under this Act, the Competent Authority may, in addition to any other
remedy that may be resorted to under this Act or under any other law, make an order
directing that such erection shall be demolished by the owner thereof within such time not
exceeding two months as may be specified in the order, and on the failure of the owner to
comply with the order, the building so erected shall be liable to forfeiture or to summary
demolition by an order of the Competent Authority and the expenses of such demolition
shall be recoverable from the owner as arrears of land revenue :

Provided that, no such order shall be made unless the owner has been given a reason-

able opportunity of being heard.

(2) Forfeiture under this section be adjudged by the Competent Authority, and  any
property so forfeited shall be disposed of as the Competent Authority may direct; and the
cost of removal of the property under this section shall be recoverable as an arrear of land
revenue.

(3) For the purpose of causing any building to be demolished under sub-section (1)
the Competent Authority may use or cause to be used such force as may be necessary.
39. No  court  inferior  to  that  of  a  Magistrate  of  the  Firest  Class,  or  a  Presidency

Magistrate shall try an offence punishable under this Act.

40. No  prosecution  for  any  offence  punishable  under  this Act  shall  be  instituted

except with the previous sanction of the Competent Authority :

1[Provided  that,  for  prosecution  for  the  offence  punishable  under  section  3Z-2,  no

such previous sanction of the Competent Authority shall be necessary.]

41. No suit, prosecution, or other legal proceedings shall lie against the Competent
Authority or against any person acting under its authority for anything which is in good
faith done or intended to be done under this Act or the rules made thereunder.

1  This  proviso  was  added  by  Mah.  10  of  2002,  s.  4.
2  These  words  were  substituted  for  the  words  “Administrator,  Competent  Authority”  by  Mah.  11

of  2012,  s.  12.

Order  of
demolition
of buildings
in  certain
cases.

Jurisdiction
of  courts.

Previous
sanction  of
Competent
Authority
for  prosecu-
tion.
Protection
of  action
taken  in
good  faith.

XLV  of
1860.

40

                Maharashtra Slum Areas (Improvement, Clearance

[1971 : Mah. XXVIII

and Redevelopment) Act, 1971

Bar  of
jurisdiction.

Competent
Authority,
etc.,  to  be
public
servants.
Tribunal  to
determine
claims  of
Competent
Authorities
before  they
are
recovered  as
arreas  of
land
revenue.

Vacancy  and
temporary
absence  of
President
and  other
members  of
Tribunal.

Provisions
relating  to
Tribunal.

42. Save as otherwise expressly provided in this Act, no civil court shall have jurisdic-
tion  in  respect  of  any  matter  which  the  1[Appellate Authority,  Competent Authority,
Grievance Redressal Committee] or Tribunal is empowered by or under this Act, to deter-
mine; and no injunction shall be granted by any court or other authority in respect of any
action taken or to be taken in pursuance of any power conferred by or under this Act.

43. The Competent Authority and any person authorised by it under this Act shall be
deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

XLV
o f
1860.

44. Where  under  any  of  the  provisions  of  this Act,  any  expenses  incurred  by  a
Competent Authority (which is a body corporate) under the provisions of this Act are to
be recovered as arrears of land revenue, and the claim of the Competent Authority in
respect of such expenses is disputed, the question shall be referred to the Tribunal which
shall, after making such inquiry as it may deem fit, and after giving to the person by whom
the  sum  is  alleged  to  be  payable  an  opportunity  of  being  heard,  decide  the  question;
and the decision of the Tribunal shall be final, and shall not be called in question in any
court or other authority. Where the Tribunal decides the claim in favour of the Competent
Authority, then the expenses which are directed to be paid, may be paid in equal monthly
instalments not exceeding twenty.

2[44A. (1) If  any  vacancy  occurs  by  reason  of  death,  resignation  or  expiry  of  the
appointment, or termination of the appointment, of the President or other members or for
any reason whatsoever such vacancy shall be filled by appointment of a duly qualified
person.

(2) The Tribunal shall not be deemed to be invalidly constituted merely by reason of
any vacancy referred to in sub-section (1)  and no decision of the Tribunal shall be called
in question in any Court or before any authority only on the ground that a member of the
Tribunal (not being the President) was not present, during the hearing of any proceedings
before the Tribunal.]

45. (1) In  exercising  the  jurisdiction  conferred  upon  it  by  or  under  this Act  the
Tribunal shall have the powers of a civil court for the purpose of taking evidence on oath,
affirmation  or  affidavit,  or  summoning  and  enforcing  the  attendance  of  witnesses,  of
compelling discovery and the production  of documents and material objects, requisition-
ing any public record or any copy thereof from any court or office, issuing commissions
for the examination of witnesses or documents, and for such other purpose as may be
prescribed  3[including the power to grant stay and any other powers of a Civil Court]
which may be vested in Tribunal; and the Tribunal shall be deemed to be a Civil Court for
all the purposes of sections 195, 480 and 482 of the Code of Criminal Procedure, 1898* and
its proceedings shall be judicial proceedings within the meaning of sections 193, 219 and
228 of the Indian Penal Code.

4[(1A) The provisions of sections 4, 5, 12 and 14 of the Limitation Act, 1963, shall apply

to the filing of every appeal or application made to the Tribunal, under this Act.]

(2) In the case of any affidavit to be filed 5[any officer authorised by the Tribunal or by

the President] in this behalf may administer the oath to the deponent.

6[(3) The  State  Government  shall  from  time  to  time  place  at  the  disposal  of  the
Tribunal, such officers and other staff to assist the Tribunal as the State Government may
from time to time determine. The remuneration and other conditions of service of the
1    These  words  were  substituted  for  the  words  “Administrator,  Competent Authority”  by  Mah.  11

of  2012,  s.  12.

2 Section    44A  was  inserted  by  Mah.  46  of  1975,  s.  5.
3 These  words  were  substituted  for  the  words  “including  any  other  powers  of  a  Civil  Court”,  ibid.,

s.  6  (1).

4 Sub-section  (1A)  was  deemed  always  to  have  been  inserted,  ibid.,  s.  6  (2).
5 These words were substituted  for  the  words  “any  officer  appointed  by  the  Tribunal”,  ibid.,  s. 6 (3).
6    Sub-sections  (3)  and  (3A)  were  substituted  for  sub-section  (3),  ibid.,  s.  6  (4).

V of
1898.
XLV
o f
1860.

36  of
1963.

1971 : Mah. XXVIII]

Maharashtra Slum Areas (Improvement, Clearance
and Redevelopment) Act, 1971

41

Bom.
XXX-
VI of
1959.

officers and other staff shall be such as may from time to time be determined by the State
Government.

(3A) The  term  of  office  and  other  conditions  of  service  of  the  President  and  the
members of the Tribunal shall be such as may be regulated by rules  made under section
46].

(4) Subject  to  the  provisions  of  this Act  and  to  the  previous  approval  of  the  State
Government,  the  President  may  make  regulations  for  regulating  the  practice  and
procedure of the Tribunal, including the award of costs by the Tribunal, the levy of any
process fee, 1[filing fee or copying or translation fees] (including provisions for recovery
thereof in the form of court fee stamps) the right of appearance before the Tribunal, the
place or places of its sittings, the disposal by the Tribunal of any proceedings before it
notwithstanding that in the course thereof there has been a change in the persons sitting
as members of the Tribunal and generally for the effective exercise of its powers and
discharge of its functions under this Act.

(5) The regulations made under this section shall be published in the Official Gazette.
(6) All orders passed by the Tribunal shall be executed in the same manner in which

similar order, if passed by the State Government, could have been executed.

(7) Notwithstanding anything contained in the Bombay Court-fees Act, 1959 every
appeal or application made to the Tribunal shall bear a Court-fee stamp of one rupee if the
value  of  the  property  is  ten  thousand  rupees  or  less  and  of  two  rupees  if  such  value
exceeds ten thousand rupees.

46. (1) The State Government may, subject to the condition of previous publication,
by notification in the Official Gazette, make rules to carry out the purposes of this Act :
2[Provided that, when the rules are being made for the purposes of Chapter I-C  of this

Act for the first time, the same may be made without prepublishing the same.]

(2) Every rule made under this section shall be laid, as soon as may be, after it is made,
before each House of the State Legislature while it is in session for a total period of thirty
days which may be comprised in one session or in two successive sessions, and if, before
the expiry of the session in which it is so laid or the session immediately following , both
Houses agree in making any modification in the rule or both Houses agree that the rule
should not be made, and notify such decision in the Official Gazette, the rule shall, from
the date of publication of such notification, have effect only in such modified form or be
of no effect as the case may be, so however, that, any such modification or annulment
shall be without prejudice to the validity of anything previously done or omitted to be
done under that rule.

3[47. (1) Where any area is declared to be slum area under this Act, then as from the
date of such declaration, the provisions of any municipal or other law corresponding to
the  provisions  of  this Act  for  slum  improvement  in  relation  to  the  slum  area  in  force
immediately before the said date shall, save as otherwise provided in this Act, cease to be
in force in the slum area, but so long only as the said declaration remains in force.

(2) Where any area is declared to be a slum area, and any building or buildings are
ordered  to  be  demolished,  under  this Act,  then  as  from  the  date  of  such  order,  the
provisions of any municipal or other law corresponding to the provisions of this Act for
slum clearance and redevelopment and demolition of buildings in force immediately be-
fore the said date shall not, save as otherwise provided in this Act, apply in relation to
such building or buildings, but so long as the building or buildings, as the case may be,
are redeveloped.

(3) Even  though  any  area  is  declared  to  be  a  slum  area,  as  long  as  the  order  for
demolition of any building or buildings is not made under this Act, nothing contained in

1 These  words  were  inserted,  by  Mah.  46  of  1975,  s.  6  (5).
*See  now  the  Code  of  Criminal  Procedure,  1973  (II  of  1974).
2  This  proviso  was  added  by  Mah.  I  of  2004,  s.  3.
3  Section  47  was  substituted  for  the  original  section  by  Mah.  23  of  1981,  s.  2.

Power  to
make  rules.

Cesser  of
correspond-
ing laws and
powers
conferred
thereunder
tempo-
rarily.

42

                Maharashtra Slum Areas (Improvement, Clearance

[1971 : Mah. XXVIII

and Redevelopment) Act, 1971

this section shall affect the provisions of any municipal or other law for the time  being in
force for slum clearance and redevelopment and demolition of buildings in the slum area :
Provided that, after any area is declared to be a slum area till the date of the order is
made for demolition  of any building or buildings under this Act, the powers of demolition
of  buildings  conferred  on  the  Municipal  Commissioner  or  Chief  Officer  or  any  other
officers or authorities under any such law shall, nothwitstanding anything contained in
any such law, be exercised  by them, subject to the control of the State Government. For
this purpose, the State Government may, from time to time, issue any general or special
directions to any such officers or authorities, which shall be complied by them.]
48. [Amendment of certain enactments] Deleted by Mah. 2 of 1987, s. 5.

FIRST SCHEDULE
(See  section  17)
Principles for determination of the net average monthly income

1. The Competent Authority shall first determine the gross rent actually derived by the
owner of the land acquired including any building on such land during the period of five
consecutive years referred to in sub-section (4) of section 17.

2. For such determination the Competent Authority may hold any local inquiry and
obtain, if necessary, certified copies of extracts from the property tax assessment books of
the local authority concerned showing the rental value of such land.

3. The net average monthly income referred to in sub-section (4) of section 17 shall
be sixty per cent. of the average monthly gross rent which shall be one-sixtieth of the
gross rent during the five consecutive years as determined by the Competent Authority
under paragraph 1.

4. Forty per cent. of the gross monthly rental referred to above shall not be taken into
consideration in determining the net average monthly income but shall be deducted in lieu
of the expenditure which the owner of the land would normally incur for payment of any
property tax to the local authority, for collection charges, income-tax or bad debts as well
as for works of repair and maintenance of the buildings, if any, on the land.

5. Where the land or any portion thereof has been unoccupied or the owner has not
been in receipt of any rent for the occupation of the land during the whole or any part of
the said period of five years, the gross rent shall be taken to be the income which the
owner would in fact have derived if the land had been leased out for rent during the said
period, and for this purpose the rent actually derived from the land during a period prior or
subsequent to the period during which it remained vacant or from similar land in the
vicinity shall be taken into account.

SECOND SCHEDULE

[Deleted by Mah. 2 of 1987, s. 6]

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